Agenda packet — City Council and Authorities Concurrent, July 5, 2022 (part 3 of 5)

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2 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
(VW OP #02) Distributes a soft copy of our Flood Safety Tips brochure for all SCC CRS communities’ use (print hard copies to distribute at events and/or post of flood preparedness webpages) (Topics 1-9)
Valley Water
Communications
Annually,
November/
December
All Santa Clara
County CRS
Communities
Valley Water shared a “Flood Follows Drought 2021-22
Flood Awareness Campaign Media Toolkit" with the CRS
communities in November 2021. The toolkit provided
links to the multilingual floodplain mailer, social media graphics, messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use.

Cupertino distributes copies of Valley Water’s Flood
Safety Tips at various fairs/events (i.e., Earth Day Festival) and provides additional copies for the public on display at City Hall. Cupertino also has a direct link to Valley
Water’s annual mailer and Flood Ready webpage on the
City’s “Citizen Preparedness” webpage.

Los Altos distributes brochures available at city hall, library, and community center. They are also distributed at community events (emergency training, wine stroll,
etc.).

Palo Alto promotes and distributes Valley Water’s Flood Safety Tips at fairs and provides as an informational item on Utility Inserts sent every year.

The City of Santa Clara has hard copy brochures available at city hall and central library. Planning to distribute at yearly art & wine festival as well.
(CUP OP #03) Flood notice in the local newsletter, “The Cupertino Scene” (Topics 1- 9)
City of Cupertino Each October or
November issue
N/A Cupertino published the annual flood preparation article in the November 2021 issue of “The Cupertino Scene”.
(LA OP #04) Two (2) newspapers ads, in the Los Altos Town Crier (Topics 1-5) City of Los Altos Each fall N/A Los Altos published two newspaper ads titled “Assess Your Flood Risk and Flood Insurance Availability” on
10/20/21 and 10/27/21 in the Los Altos Town Crier.
(LAH OP #05) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los
Altos Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(LAH OP #06) The town distributes various flood preparedness and safety materials at events, including Valley Water’s annual floodplain mailer and promotional item (e.g., emergency starter kits, Get Flood Ready Emergency Supply Checklist tote bags, etc.), FEMA flood insurance information, ReadySCC, and American Red Cross Flood apps, AlertSCC, sandbag guidelines, flood protection project-specific notices, FEMA NFIP materials, and preparedness activity/coloring books, etc.) to the public Town of Los
Altos Hills
Annually, spring
and late
summer
N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #07) “Flood Public Advisory” brochure to community at large (Topics 1-6) City of Milpitas Each December or January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 12/10/21. This was sent out in four languages ATTACHMENT 2

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3 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(English, Vietnamese, Spanish, and Chinese).
(MH OP #08) Sends a citywide “Flood Report” brochure (Topics 1-9) City of Morgan Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill mailed out citywide the “2021 Flood Report” brochure between 8/26/2021 and 9/2/2021.
(MV OP #09) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View published the Volume 2, 2021 edition of the View in September 2021 that featured information on flood awareness, flood insurance, and preparing for the winter storm.
(MV OP #10) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer between 9/6/2021 and 10/25/2021.
(PA OP #11) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities insert) to all residents and businesses in the City, along with their utility bills (Topics 1-9) City of Palo Alto Each Fall N/A Palo Alto sent “Are You Ready for Winter Storms?” fliers to all residents and businesses along with their utility bills in September 2021.
(PA OP #12) Sends out utility announcement, “Anytime it can rain, it can flood.

Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent a utility announcement as an informational announcement on utility bills in March 2021.
(PA OP #13) The city distributes various flood preparedness and safety documents, including FEMA NFIP materials for public/policyholders
City of Palo Alto Year Round N/A Palo Alto distributes flood preparedness documents every year during the Earth Day event and Palo Alto’s MSC
Open House.
(SC OP #14) Mails out a citywide newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9)
City of Santa
Clara
Each fall N/A Santa Clara: Citywide newsletter was sent to residents and is available on the city website in November 2022.

Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and
communities Flood
Protection Resources
webpage
____________________
__
These website projects
are credited under
Activity 350 – Flood
Protection Information,
element c). Flood
protection website
(WEB),
(VW OP #15) Flood Ready webpage: Flood & Safety, Flood Protection Resources, includes floodplain and countywide mailers
https://www.valleywater.org/floodready
Valley Water Year Round All Santa Clara
County CRS
Communities
Valley Water’s flood protection resources landing page
includes the most current version of the annual floodplain and countywide mailers.

Cupertino’s Flood Section under the “Citizen
Preparedness” webpage has a link that redirects to Valley Water’s Flood Ready landing page.

Gilroy’s “Flood Management” and “Emergency
Preparedness” web pages link to Valley Water’s Flood
ready landing page.

Los Altos’ “Floodplain Management Information” web
page links to Valley Water’s Flood Ready web page.

Palo Alto’s “Flood Information and Winter Storm
Preparedness” webpage redirects to Valley Water’s Flood Ready landing page.

ATTACHMENT 2

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EMA NFIP materials for public/policyholders
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(PA OP #11 js the "Are Yo, ,dyf, ;nter Storms?' f 1ka utilities insert) City of Palo Alt Each Fall to all resid md businesse- neCit'y 1g with their UI bills (Topics 1-9) (P,- 1 2) Sends out uti' vtimeit ca1 1, it can flood. City of Palo Alt Each Don't. ught off-guar - ,- --- - , - ,- , -, - ·. &9-wi sue adding other March/Apri topic)
(PAOP #i •city di Jtes various flood pr, dness ; afety documents, City of Palo Alt Year Round including Fl ·i:1p , rials for public/policyh,.
4 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
not credited under
Activity 330
Note: To receive any
WEB credit, the
community’s website
must meet the following
criteria:

The community must
check the website’s links
at least monthly, and fix
those that are no longer
accurate. At least
annually, the community
must review the content
to ensure that it is still
current and pertinent
(ALL OP #16) All communities’ website flood protection resources webpage includes language that contains the three additional PPI priority messages noted below:

7. Develop an emergency plan

8. Download disaster apps

9. Understand shallow flooding risks––don’t drive through standing water All Santa Clara
County
Communities
Year Round N/A Valley Water’s flood protection resources landing page includes the top 6 CRS priority topic messages, as well as the 3 additional messages identified in the 2021 PPI (page 45).

Cupertino’s Flood Section under the “Citizen
Preparedness” webpage includes the CRS 9 topics.

Gilroy’s “Emergency Preparedness” webpage includes the
CRS 9 topics. Additionally, several posts on Email Express and social media were shared with this messaging.

Morgan Hill’s “Flood Information, Floodplain
Management” webpage includes a link to the “2021 Flood
Report” that includes the CRS 9 topics.

Palo Alto’s utility insert includes all three additional PPI priority messages, and the Flood Information and Winter Storm Preparedness website has a link to the utility insert which shows the three additional PPI.

City of Santa Clara’s “Flood Protection Information” web page includes resources for preparedness.

(SCC OP #17) Hosts a “Storm and Flood Information and Resources” webpage available for all residents in the county, includes re-directing to www.floodsmart.gov https://www.sccgov.org/sites/opa/Pages/storm.aspx Santa Clara
County Office of
Public Affairs
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #18) Hosts a “Flood Safety Information” webpage, includes re-directing to www.valleywater.org/floodready https://cpd.sccgov.org/flood-safety-information Santa Clara
County
Consumer
Protection
Division
Year Round N/A Santa Clara County: No update available - non-CRS participating community

(SCC OP #19) Hosts a “Be a Prepared Community Member” webpage that includes emergency preparedness information
https://emergencymanagement.sccgov.org/be-prepared-community-member Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #20) Hosts a “People with Access and Functional Needs (AFN)” webpage https://emergencymanagement.sccgov.org/people-access-and-functional-needs- afn
Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community

ATTACHMENT 2

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5 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(CUP OP#21) Hosts a “Citizen Preparedness” webpage that includes emergency preparedness information, includes re-directing to Valley Water’s www.valleywater.org/floodready webpage
https://www.cupertino.org/residents/community-services-programs/emergency- services/citizen-preparedness
City of Cupertino
Office of
Emergency
Services
Year Round N/A Cupertino continues to maintain the Flood Section under the “Citizen Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready webpage.
(GIL OP #22) The city hosts an “Emergency Preparedness” webpage Emergency Preparedness | Gilroy, CA - Official Website (cityofgilroy.org) (listed in Appendix B) City of Gilroy
Fire Department
Year Round N/A Gilroy continues to maintain an “Emergency Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready landing page, the National
Weather Service webpage, and the City’s Flood
Management webpage. The Emergency Preparedness
webpage is reviewed once a month and updated as
needed.

(LA OP #23) The city’s Public Works Department hosts a ‘Flood Zone Information’ webpage on its website (listed in Appendix B)
https://www.losaltosca.gov/publicworks/page/flood-zone-information City of Los Altos
Public Works
Department
Year Round N/A Los Altos: The webpage is updated as needed. The webpage has been updated and new URL is:
https://www.losaltosca.gov/publicworks/page/floodplain
-management-information
(LAH OP #24) The town hosts a “Flood Information” webpage on the town’s website. This webpage includes information on the PPI nine topics, including a supporting message. The webpage redirects to the following key resource websites: www.valleywater.org/floodready, www.floodsmart.org, www.ready.gov, and www.weather.gov
Town of Los
Altos Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community

(LG OP #25) The town’s website encourages residents and businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov Town of Los
Gatos
Year Round N/A Town of Los Gatos: No update available - non-CRS participating community

(MIL OP #26) The city’s’ website has a “Flood Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov, www.Ready.gov, and USGS webpages

The city’s website also has a “Important Flood Hazard Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov (listed in Appendix B) https://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood- information/
City of Milpitas
Engineering
Department
Year Round N/A Milpitas: On-going. Link:
https://www.ci.milpitas.ca.gov/milpitas/departments/en
gineering/flood-information/
(MH OP #27) The city’s website has a “Flood Information, Floodplain Management” webpage that contains city’s flooding information which redirects to their Floodplain Management page and includes a link to the city’s annual “Flood Report.” The webpage redirects Valley Water’s flood ready webpage and also contains FEMA flood information http://www.morgan-hill.ca.gov/747/Flood- Information
Floodplain Management | City of Morgan Hill, CA - Official Website City of Morgan
Hill
Engineering Land
Development
Year Round N/A Morgan Hill’s “Flood Information, Floodplain Management” webpage includes a link to the “2021 Flood
Report” brochure.

ATTACHMENT 2

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pporting message. The webpage redirects to the following key RAF
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(LA OP #23, city's Public w, De~ 1ent hosts a 'Flo, ne Information ' City of Los Alto Year Round webpage o• .vebsite(Jisted ppenc. Public Works
https://v ,saltosca.gov/• cworkst /flood-zone-ir 1ation Department (LAh ">4) The town h, ·" webpag1 the town 's Town of Los Year Round websit , webpageir es information 01 PPI nine s, including a Altos Hills support, . ,;sage. T' !bpage redirects to 1llowin1 resource websites : \ ·all~• .org/floodread~ WW\ dsmar www.read~.gov and www.Wl g,
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6 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(MH OP #28) The city’s website has an “Emergency Preparedness’ webpage (listed in Appendix B) http://www.morgan-hill.ca.gov/133/Emergency-Preparedness City of Morgan
Hill Police
Department
Year Round N/A Morgan Hill continues to maintain its “Emergency Preparedness” webpage. In February 2021, a link to the
City’s Office of Emergency Services’ (OES) ” Do 1 Thing” emergency preparedness campaign was added to the
“Emergency Preparedness” webpage. The “Do 1 Thing” is
a 12-month program with a goal of assisting the
community to be better prepared for emergencies and
disasters.

(MV OP #29) Hosts a “Flood Protection and Insurance Information” webpage on its website (listed in Appendix B)
www.mountainview.gov/depts/pw/flood_protection.asp
City of Mountain
View Public
Works
Department
Year Round N/A Mountain View continues to maintain its flood protection webpage.sa
(PA OP #30) Hosts a “Floodplain Management” webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/stormwater/floodzones.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto has a “Floodplain Management” webpage that has all relevant information regarding flood plain
management topics.

(PA OP #31) Hosts a “Flood Safety Tips” webpage www.cityofpaloalto.org/storms; flood_safe_11-16.cdr (cityofpaloalto.org)
City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto’s “Flood Information and Winter Storm Preparedness Webpage” has links to the “Flood Safety
Tips” flier.

(PA OP #32) Hosts a ‘Creek Monitor’ webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/creek_monitor/default.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto hosts a real time creek monitor webpage that warns residents of imminent danger of flooding.
(PA OP #33) Hosts a “Flood Information and Winter Storm Preparedness” webpage which contains useful information for flood readiness (listed in Appendix B) https://www.cityofpaloalto.org/services/public_safety/flood_information_winter_s torms/default.asp
City of Palo Alto
Office of
Emergency
Services
Year Round N/A Palo Alto’s “Flood Information and Winter Storm preparedness” website has useful information on flood
preparedness for before storm, during storm and after
storm.
(SJ OP #34) The city’s webpages includes a “Flood Hazard Zones” webpage which includes information of flood preparedness https://www.sanjoseca.gov/your- government/departments/public-works/development-services/floodplain- management
City of San Jose
Public Works,
Development
Services
Year Round N/A San Jose: Website includes flood zone and flood smart information
(SC OP #35) The city’s “Flood Protection Information” webpage contains valuable information on flood related topics https://www.santaclaraca.gov/our- city/departments-g-z/public-works/engineering/flood-protection (also listed in Appendix B)
City of Santa
Clara
Year Round N/A Santa Clara: Website is updated and maintains flood topic information
(SAR OP #36) The city’s website encourages residents/businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SAR OP #37) The city has a “Staying Safe, Winter Storms” webpage. They have also linked the city’s Winter Storms webpage to Valley Water’s Flood Ready webpage https://www.saratoga.ca.us/218/Winter-Storms
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SUN OP #38) The city has a “Flood Protection” webpage Sunnyvale, CA - Flood Protection (listed in Appendix B)
City of Sunnyvale Year Round N/A Sunnyvale: The City continues to maintain its flood protection website.

ATTACHMENT 2

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(PA OP•- ,sts a "Floods- Tips"""" ~e www.cit~o alto .org;lstonns : City of Palo Alt Year Round ... 1-16.cdr {cit~o' alto.org) Public Works
Department
(PAm "-losts a 'Cre onitor' webpage , 1in AppE B) City of Palo Alt Year Round htt12s.:Lb ;~of12alr orglgo11Lde12tsLQ:wc. k mon lefault.as12 Public Works Department
(PAOP #33) . ,. J Information and Wintt m, P1 edness" webpage City of Palo Alt Year Round ----
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7 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Topics 1-9 and supporting messages
Flood Awareness Media Campaign, including social media
Educate our community
on flood protection and
preparedness measures
(VW OP #39) Conducts a flood awareness media campaign, reaching the community at large, including our multilingual community. Many of the Santa Clara County CRS Communities recognize Valley Water’s Flood Awareness Campaign and link it on their community’s flood information web page and redirect to Valley Water’s Flood Ready webpage (Topics 1-9)

Campaign features social media videos and postings on various platforms (i.e.

Facebook, Twitter, Instagram, Nextdoor, etc.), digital banners, newspaper advertorials, radio ads, billboards, utility bill inserts for communities to use, communities redirect to ValleyWater.org/FloodReady and television/mobile ads targeting residents who live in flood-prone areas and multilingual ethnic communities
Valley Water
Communications
Annually, for
the duration of
the rainy
season,
typically from
November to
April
All Santa Clara
County CRS
Communities
Valley Water: In addition to social media outreach, in lieu of a Flood Awareness Campaign, Valley Water mailed out
3 targeted pieces to addresses in the SFHA. All outreach projects included the 9 CRS topics and were
multilanguage.

1. FPM – 60,790 were printed; 4,450 were given to the
cities/county (Public Works and Planning Departments)
between December 2021 – February 1, 2022; 54,790
were mailed on December 13-14, 2021; The FPM is
posted on Valley Water’s website

2. Postcard – 55,000 were printed; 52,502 were mailed on 10/29/21 (need soft copy of postcard)

3. “You Live in a Flood Zone – Do You Know What to Do
Before, During, and After a Flood?” trifold: 54,790
mailed on January 11, 2022

We received the results of the 2021-22 Flood Awareness
Probolsky Poll. The results below point to an effective campaign that was less expensive than general
advertising, yielding a savings of about $150,000 with
stronger results. Going forward, direct mailings to the FEMA SFHA seem to be a good outreach strategy for the
flood awareness campaign vs. targeted advertising.

Some highlights:

භ 28% increase in those who believe that Valley Water
is doing an excellent job in keeping them informed
of a flood (now 87% believe we do an excellent,
good or fair job).
භ 10% increase in food zone awareness over last year
(now at 50-60% awareness).
භ 32% increase in recall of flood mailings vs. last year (now at 59% reach) with good recall amongst
Spanish, Mandarin and Vietnamese speakers.
භ 58% of respondents clearly understood our 3 main
calls to action (find your risk, get flood insurance,
develop a plan).
භ 12% increase in respondents who believe they have
taken all steps to be ready for a flood (now at 76%).
භ 11% increase in respondents who have flood
insurance (now at 51%).
භ 64% Believe home is prepared for a flood (100% of
Chinese, 75% of Vietnamese believe they are ready).
භ 100% of high-risk residents in mobile home parks are
aware of our messaging.

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I
8 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
භ Very good results amongst Asian respondents on all
areas of polling.

Areas for growth:
භ We have an opportunity for future outreach to
renters of both single-family homes and multi-family
units.

Los Altos included an insert provided by Valley Water to all residents and businesses via a refuse collection bill insert in October and December 2021.
(VW OP #40) As part of the flood awareness campaign, a ‘Get Flood Ready, Social Media and Web Resources Guide’ is provided to all cities/county in Santa Clara County for their use as part of their outreach efforts
Valley Water Upon the
completion of
the annual FPM
All Santa Clara
County CRS
Communities
Valley Water: Provided all cities/county its social media and web resources guide in November 2021.

Cupertino posted a series of social media posts during
Flood Preparedness Week in October 2021 using Valley
Water’s guide.

Los Altos has included links to the flood awareness
campaign web resources in electronic newsletters during FY2022.

Palo Alto has Valley Water’s Flood Awareness Campaign
linked on the City’s Flood Information and Winter Storm Preparedness website.

City of Santa Clara has posted social media posts for flood awareness week in Fall 2021.

(SCC OP #41) Shares Valley Water’s digital social media resource links during the flood season. The “Floods Follow Fires. Are you Ready?” and “Got Sandbags” messages redirect to Valley Water’s website. Messages are used on social media, short form newsletter, short form email, web, and Nextdoor Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(CUP OP #42) Recognizes the robust social media campaign led by Valley Water and has linked the city’s main flood preparation webpage to Valley Water’s Flood Ready webpage
City of Cupertino Year Round N/A Cupertino continues to maintain the Flood Section under the “Citizen Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready webpage.
(GIL OP #43) The city recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Gilroy Year Round N/A Gilroy: The “Emergency Preparedness” and Public Works “Flood Management” webpage both link to Valley
Water’s Flood Ready webpage.
(LAH OP #44) The town recognizes Valley Water’s Flood Awareness Campaign and has linked the town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los
Altos Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community

ATTACHMENT 2

Page 8 of 17 ends

DRRAFFTTDR FTDDRRAFRAF
(VW OP #40) A awareness campaign, a ‘Get Flood Ready, Social RAF
nd Web Resources Guide’ is provided to all cities/county i RAF
their use as part of their outreach
FTT
alley Water
TT
Upon the

TTDRRAFFFTTTDR FT
I
'\s part of the flood : •ss campaign, a 'Ge Va
Media an\. Resources Guidr JI 'ed to all cities/co1 in Santa Clara completion County for use as part oft' out 1 efforts the annual I
9 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(LG OP #45) Recognizes Valley Water’s Flood Awareness Campaign and has linked the Town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los
Gatos
Year Round N/A Town of Los Gatos: No update available - non-CRS participating community

(MV OP #46) The city does a social media notification about storm preparation for winter storms ahead of time. The notification directs residents to their “Flood Protection and Insurance Information” webpage. The city has also linked the city’s webpage to Valley Water’s Flood Ready webpage
City of Mountain
View
Year Round N/A Mountain View shared a Facebook post in October 2021 regarding preparing for the upcoming rain. A post
regarding flood preparedness was featured in our email
distribution “City Hall Connection” in celebration of Flood Preparedness Week in October 2021.
(SC FRP #47) City publishes social media posts, on Facebook, Twitter, and other platforms, focused on safety
The city has prepared a pre-flood plan (FRP) for public information projects that will be implemented before, during, and after a storm/flood, as well as identifying who is responsible for posting these messages, what type of events they apply to, what social media platforms to post to and how often
City of Santa
Clara Office of
Emergency
Services
During the
storm season
N/A Santa Clara: Information was posted on social media for flood awareness week led by city streets division
(SJ OP #48) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage. Keeps Valley Water’s floodplain mailer static location at City Hall for residents to pick-up and is also distributed at various events throughout the year City of San Jose Year Round N/A San Jose: Floodplain mailer available at City Hall and website linked to Valley Water’s Flood Ready webpage.
(SAR OP #49) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community

(SAR OP #50) The city does a social media notification about storm preparation for winter storms ahead of time
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SUN OP #51) The city actively posts flood safety and preparedness messaging through social media platforms (i.e., Facebook and Twitter) City of Sunnyvale
Environmental
Services
During the rainy
season
(October –
March)
N/A Sunnyvale: City staff posted information to Facebook regarding keeping the storm drain clear to prevent
clogging.

Topics 1-9 and supporting messages
Community Events – Distribute flood preparedness materials to the community
Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and cities
Flood Protection
Resources pages and
improve Valley Water’s
Flood Campaign results
Residents less stress
during emergencies and
(VW OP #52) Copies of Valley Water’s multilanguage floodplain mailer is made available to all Santa Clara County CRS Communities to disseminate at various events, including keeping the mailer static in lobby areas for visitors to pick-up.

Valley Water attends various communities’ events/fairs throughout the county and disseminates flood readiness materials, including various FEMA flood-related publications and Valley Water flood ready materials (Topics 1– 9) Valley Water Annually,
September -
May
All Santa Clara
County CRS
Communities
Valley Water’s multilanguage (English, Spanish, Chinese, and Vietnamese) annual FPM were provided to all Santa
Clara County city/county Public Works and Planning
Departments between December 2021 - February 1,
2022. The FPM is posted on our website.
60,790 FPMs were printed: 54,790 were mailed to
addresses in the SFHA on December 13-14, 2021; 4,450
provided to the cities/county (Public Works and Planning Departments) between December 2021 - February 1,
2022; and remaining copies were used as needed by
Valley Water CRS, Communications and Government
Relations staff.

ATTACHMENT 2

Page 9 of 17 ends

DDRRAFRAF
The city has plan (FRP) for public information projects that will RAF
be implemented before, during, and after a storm/flood, as well as identifying who RAF
nsible for posting these messages, what type of events the RAF
a platforms to post to and how of
FTT
rvices

TDR FTDDRRAFRAF
OP #48) Recognizes Valley Water’s Flood Awareness Campaign RAF
the city’s main flood webpage to Valley Water’s Flood Ready webpage. Keeps RAF
Valley Water’s floodplain mailer static location at City Hall for residents to pick-up RAF
nd is also distributed at various events throughout the year FTT
e

TTDRRAFFFTTTDR FTDDRRAFRAF
OP #49) Recognizes Valley Water’s Flood Awareness Campai RAF
e city’s main flood webpage to Valley Water’s Flood Ready web FTT
a
TTDRRAFFFTTTDR FTDDRRAFRAF0) The city does a social media notification about stormRAFhd f FTTaTTDRRAFFFTTTDR FT I
•• "<1!, .,,t!.,dlt!U d µ1t:-11uuu ... .,.,. , IUI µuum .. 11 IIUIII ,e ·-~ before, during, a· a storm/flood, as ·
isrespom, ,r posting these r a, .vhat type of even ey apply to, what social medi ·forms to post 1 d h, !ten
(SJ OP #4F' ,gnizes Valley ~r's Fie. wareness Cam 1 and has linked City of San JOS( Year Round .... ,. ,.: .... , flood webpaf ~alley W ; Flood Read~ " -- .. ~er's floodplain rr static local !City Hall fc
an. "Q distributed at v
.. _ __ __ .__ .. L ....
1Jtthe year
(SARL I Recognizes !Y VYdlt!I !I r-1uuu ·eness Ca gn and has linked City of Saratog Year Round the city·. ,flood~ ,e to Valley Water' ~ d Read~ page
(SAR OP #SL -:ity ; a social media notifica •bout n preparation for City of Saratog Year Round 10 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
better prepared before a
flood event
Cupertino distributes copies of Valley Water’s Floodplain Mailer at various fairs/events and provides additional
copies for the public on display at City Hall.

Los Altos has mailer available at city hall and public
library. During FY2022, events were limited due to
COVID-19.

Palo Alto distributes Valley Water’s multi-language
floodplain mailer during fairs during Earth Day event and Palo Alto’s Open House every year.

Santa Clara: Fliers and additional information are
currently at city hall and public library.
(CUP OP #53) Distributes flood readiness outreach materials at various events/ facilities
City of Cupertino Year Round, as
needed
N/A Cupertino distributes copies of Valley Water’s Floodplain Mailer and other promotional items provided by Valley
Water at various fairs/events and provides additional
copies of the mailer for the public on display at City Hall.

(GIL OP #54) Participates in two fair/events: Gilroy Garlic Festival (GF) and city’s Public Works Week Community Open House (PWWCOH)
City of Gilroy End of July (GF)
Typically, in
May
(PWWCOH)
N/A Gilroy: There was no Garlic Festival or Public Works Week Community Open House in 2021, so no materials were
distributed.
(LAH OP #55) Hosts two events - Earth Day (ED) and the Town Picnic (TP) Town of Los Altos Hills
Annually, Spring
(ED) and late
Summer (TP)
N/A Town of Los Altos Hills: No update available - non-CRS participating community

(MIL OP #56) Distributes FEMA flood-related publications at various events City of Milpitas Year Round N/A Milpitas: Ongoing. Distributed at the most recent event “Holiday Magic” which was held in December 2021.
(MV OP #57) The city participates Mountain View Art & Wine Festival (MVA&WF) and Thursday Night Live (TNL) and distributes flood preparedness information City of Mountain
View
Each
September
(MVA&WF)
Months of
June/July (TNL)
Valley Water Mountain View: Due to COVID restrictions these events did not happen or were modified from the previous years.

Therefore, we were not able to distribute the materials. If COVID restrictions allow, we plan to resume attendance
and distribution of materials in future years.
(PA OP #58) Staff hosts a flood readiness table at city’s annual Earth Day (ED) event and at the city Municipal Corporation Open House (MCOH). Upon request, the city also participates in other fairs and promotes flood readiness, including Creekwise mailer/brochure
City of Palo Alto Each April (ED)
and July
(MCOH)
Can vary
depending on
requests made
to City to
support fairs
Palo Alto hosts a flood readiness table at the Earth Day Event and City Municipal Corporation Open House. The
City distributes flood readiness fliers during the event. (SJ OP #59) Staff hosts and participates in the ‘Building Permits and Home Safety Open House.’ The city’s also hosts ‘Pumpkins in the Park’ event which Valley Water staff participates in and promotes flood preparedness
City of San Jose Each May and
October
Valley Water San Jose: City hosts annual Building and Home Safety open house. However, this year’s event is on hold due to COVID-19 pandemic.

ATTACHMENT 2

Page 10 of 17 ends

DDRRAFFTTDR FTDRAFRAF
53) Distributes flood readiness out at va
RAFFTT
no

TTTDRRAFFFTTTDR FTDRAFRAF
L OP #54) Participates in two fair/events: Gilroy Garlic Festival RAF
c Works Week Community Open House (PWWC

RAFFTTTTTTTTDRRAFFFTTTDR FTDRAFRAFFTTTTDRRAFFFTTTDR FT
I
(CUPOP#S ;tributes flood · .ne treach materials 1rious events/ City of Cuperti1 Vear Round, facilities needed
(GIL ·4) Participates; Garlic Fe! (GF) and c~y's City of Gilroy End of July j Public · Week Com .ty open House t1 COH)
Typically, in
May
(PWWCOH)
11 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(SC OP #60) City hosts a flood readiness table at the Art & Wine Festival. Valley Water also sponsors a table at the festival promoting flood preparedness and distributes various flood readiness materials to the community City of Santa
Clara
Each
September
N/A Santa Clara: In progress with this year’s Art & Wine festival which is in fall

Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Less damage due to the
floods; improve sandbag
distribution
Fewer accidents and
rescues
(SUN OP #61) City has permanent “Road May Flood” street signs in areas of the City prone to flooding and promotes the “Flood Zone Look Up” featured on the city’s website
City of Sunnyvale Year Round N/A Sunnyvale: Ongoing. City staff still promote the use of the “Flood Zone Lookup.”
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Increase in inquiries on
retrofitting measures.

Decrease the number of
repairs and elevations
without permits.

Increase number of
repairs with permits
Ensure people who are
interested in protecting
their property from
flooding are getting the
help they need
Keep families safe
(CUP OP #62) The city offers Flood Protection Assistance, Property Protection Advice. Staff provides in-person flood risk consultation at the front counter and/or site visits when requested
City of Cupertino Year Round N/A Cupertino: Ongoing. The City maintains a log of FEMA- related requests.
(MIL OP # 63) The city offers Flood Protection Assistance, Property Protection Advice and provides in-person flood risk consultation at the front counter City of Milpitas Year Round N/A Milpitas: Ongoing. City maintains logs of FEMA-related requests.
(SC OP #64) The city offers Flood Protection Assistance, Property Protection Advice City of Santa Clara
Year Round N/A Santa Clara: On-going per requests to the city Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Cleaner streams and
fewer dumping
violations
Fewer debris blockages
during high-flow events
Drainage inspectors
report fewer calls and a
decrease in the amount
of trash removed
(VW OP #65) “Do Not Dump”/illegal dumping message is sent each year to all Santa Clara County residents in Valley Water’s CWM and FPM
Valley Water
Communications
Each late
October or
November
(CWM)
Each
November/
December
(FPM)
All Santa Clara
County CRS
Communities
Valley Water’s FY22 FPM included the 'Do Not Dump'
messaging. Additionally, Valley Water’s website flood
ready landing page contains ‘Do not pollute, dump, or
drain anything in creeks’ under the Before a Flood
section. https://www.valleywater.org/flooding-
safety/flood-ready/flood-safety-advice

Valley Water hosted Coastal Cleanup Day (CCD) on
September 18, 2021 (Results: 913 people participated;

99.5 distance cleaned miles; 28,084.76, includes
recyclables, weight of trash collected; 1,346.90 weight of recyclables collected), and National River Cleanup Day
(NRCD) on May 21, 2022 (Results: 596 people
participated; 36.07 distance cleaned miles; 22,695.04
includes recyclables, weight of trash collected; 2,569.57 weight of recyclables collected). Several of our CRS
communities participated.
https://cleanacreek.org/past-results-2/
ATTACHMENT 2

Page 11 of 17 ends

DDDDRRAFFTTDR FTDDD
haza
DD
t a fo
DDDDDD
ents
Dager before you buildDDRDR
Increase in inquiries
DR
retrofitting measure
DR
Decrease the numbe
DR
epairs and elevatio
DR
without ts.

DR
ncrease number of
DR
epairs with permits
DRDR
Ensure people who a
DR
interested in protect
DR
their property from
DRooding are getting RAFRAF
P #62) The city offers Flood Protection Assistance, Propert RAF
aff pro n flood risk consultation at the fro
RAF
when r
FTT
no

TTDDDRRRAFFFTTTDR FTRAFRAF
(MIL OP # 63) T s Flood Protection Assistance, Property Protection RAF
Advice and rson flood risk consultation at the front counter FTT
s

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C OP #64) T ers Flood Protection Assistance, Property

FTTTTTDRRAFFFTTTDR FT
I
~ease in inq ;on (CUP OP. le city offers FloC' on Assistance, Pn y Protection City of Cuperti1 Year Round rd fitting mt Advice. Sta 1vides in-perso, ,d' 'lnsultation at th nt counter and/or asethe r er of sitevisitsw ·equested
ot or less of ;and elE ns
"
tpermi 1 The city offers ,d Protect ssistance, Pn City of Milpita~ Year Round Ir ;e numt
;with Pf
-dnd provides in-per· , ood risk co1 •tion at the
(SCO> The city offe /UU l"IUlCl.UUII -'"'• nee, ProJ: Protection Advice City of Santa Year Round e people are Clara .rested in p ting , 1eir property
flooding are gt the
12 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Cupertino’s Flood Section under the “Citizen
Preparedness” webpage has a link to Valley Water’s
Floodplain Mailer. The City also includes the “Do Not
Dump” messaging in The Cupertino Scene’s annual flood
preparedness article.

Palo Alto has Valley Water’s CWM and FPM linked on the
City’s Flood Information and Winter Storm Preparedness
website.
(VW OP #66) “Do Not Dump” signs placed by waterways/channels Valley Water O&M
Year Round N/A Valley Water’s Operations & Maintenance continues its practice of placing ‘Do Not Dump’ signs on waterways/
channels.

(VW OP #67) Lists Pollution Hotline number in all Project Notices Valley Water Communications
Year Round N/A Valley Water’s project notices lists the pollution hotline number. https://www.valleywater.org/project-
updates/your-neighborhood

(SCC OP #68) Storm Drain Stenciling/Medallion Program Santa Clara County
Year Round All Santa Clara
County CRS
Communities
Palo Alto installs Storm Drain Stenciling/Medallion on all public right of way catch basin and inlets.

City of Santa Clara: Stenciling/Medallion installed on
public catch basins/inlets.

Santa Clara County: No update available - non-CRS
participating community.

(SUN OP #69) The city’s “Horizon” newsletter, includes Do Not Dump messaging City of Sunnyvale Annually, fall N/A Sunnyvale: The City still produces the Horizon newsletter and includes a “Do Not Dump” message.
(ALL OP #70) Developments that are modifying or constructing new catch basins/storm drains/inlets are required, per the below-noted permits, to stencil the “No Dumping! Flows to Bay.” In addition, some of these cities require all bid documents for capital projects which are modifying or constructing new catch basins, and require the contractors to install the same stencil. The program is also highlighted on cities’ websites.

ඵ South County municipalities are subject to the statewide “Phase II” NPDES Permit
ඵ North County municipalities are subject to the SF Bay Municipal Regional Stormwater NPDES Permit
All Year Round N/A Valley Water mark’s each inlet with a “No Dumping! Flows to Bay” message on Valley Water properties.

Gilroy requires all new storm inlets and catch basins to include a stencil or medallion with no dumping, flows to creek/waterway language for development projects.

Morgan Hill requires all storm drain inlets and catch
basins within the project area of development
applications to be stenciled with prohibitive language
(such as: “NO DUMPING – DRAINS TO CREEK”) and/or
graphical icons to discourage illegal dumping.

(CUP OP #71) The city’s annual flood notice in the local newsletter, ‘The Cupertino Scene,’ contains dumping is illegal messaging and how to report City of Cupertino Annually,
October -
November
N/A Cupertino includes the “Do Not Dump” messaging in The Cupertino Scene’s annual flood preparedness article.

ATTACHMENT 2

Page 12 of 17 ends

DRAFTDDRRAFFTTDR FTDDRRAFRAF
(VW OP #67) Lists Pollution Hotline number in all Project Notices FTT
alley Water
T
ns
TT
Year Round

DRRAFFFTTTDR FTDDRRAFRAF
OP #68) Sto enciling/Medallion

FTTTTTDRRAFFFTTTDR FT
I
'ists Pollution Hotlir er in all Project No· Va
Communicatio
(SCCOP' .onn Drain Stf 1g/Med. Program Santa Clara Year Round County
13 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(CUP OP #72) Participates in clean-up events: the annual National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-a- Creek Program
City of Cupertino Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Cupertino participated in Coastal Clean-Up Day on
9/18/21 at Calabazas Creek. Cupertino also helped to
advertise and support Valley Water’s “virtual” cleanups (cleaning up your own neighborhood) every Saturday in
May 2021.
(LAH OP #73) The town participates in annual clean-up events: National River Clean-up Day (each May) and Coastal Clean-up Day (each September) and coordinates volunteers. They coordinate with Valley Water on both these clean-up efforts. The town also participates in Valley Water’s Adopt-a-Creek Program

Town of Los
Altos Hills
Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Town of Los Altos Hills: No update available - non-CRS
participating community.
(MIL OP #74) “Flood Public Advisory” brochure contains dumping is illegal messaging and how to report
City of Milpitas Each December
or January
N/A Milpitas: The City’s flood advisory utility bill insert has information about illegal dumping and how to report it. (MIL OP #75) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-a- Creek Program
City of Milpitas Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Milpitas: CCD held as a hybrid in-person group and
individual led in September 2021. NRCD is planned for
May 2022 with two cleanup locations.
(MH OP #76) “Flood Report” contains message on keeping debris and trash out of streams – Do Not Dump messaging
City of Morgan
Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill’s “2021 Flood Report” brochure contained the messages “Keep debris and trash out of our streams” and “It’s illegal to dump into our creeks”.

(PA OP #77) “Are You Ready for Winter Storms?” utilities insert contains the Do Not Dump and report illegal dumping messages
City of Palo Alto Each fall N/A Palo Alto includes Do Not Dump and Report Illegal Messages on City’s utility insert.
(PA OP #78) Utility bill insert includes a ‘Utility Announcement on Flood Safety Tips,’ including Protect natural floodplains - keep rain gutters and drainage channels free of debris
City of Palo Alto Annually,
March-April
N/A Palo Alto includes Protect Natural Floodplains-keep rain gutters and creeks free of debris messages on flood
safety tips sent as Utility Announcement and the flier sent as an attachment on utility bills every year.
(PA OP #79) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. Additionally, the city participates in Valley Water’s Adopt-a-Creek Program
City of Palo Alto Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Palo Alto participates every year during National River Clean-up Day on Matadero and Adobe Creek. Palo Alto
also participates in the multi-jurisdictional effort on creek clean-up of San Francisquito Creek.

(PA OP #80) Clean-ups of trash booms located in Matadero Creek and Adobe Creek are done annually on an as-needed basis. The city also assesses its hot spots and cleans up the local drainage system on an ongoing basis and part of its operations and maintenance
City of Palo Alto Annually,
as needed
N/A Palo Alto City staff clean-ups trash booms on Matadero Creek and Adobe Creek, assess hot spots and clean ups
on an ongoing basis on the entire City’s storm drain
network system.
(SUN OP #81) “Horizon” newsletter includes a “Know How to Be FloodSafe” article that promotes the Do Not Dump message
City of Sunnyvale Each October,
Fall Edition
N/A Sunnyvale: The City still includes a “flood Safe” message in the fall Horizon.

Residents and
Businesses in the
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Residents/businesses in
the SFHA are aware
they’re in the SFHA and
prepare before floods
(VW OP #82) Multi-language floodplain mailer (FPM) to all residents and businesses within the SFHA in Santa Clara County (Topics 1– 9)
Valley Water Each
November/
December
All Valley Water’s multi-language (English, Spanish, Chinese, and Vietnamese) FY 21-22 FPM was sent to all SC County
parcels in the FEMA SFHA; 54,790 FPMs were mailed on
December 13-14, 2021.

ATTACHMENT 2

Page 13 of 17 ends

DDRRAFFTTDR FTDDRRAFRAF
(MIL OP #75) Participates in annual clean-up events: National River Clean up Day RAF
RCD) and Coas ay (CCD). They coordinate with Va
RAF
clean he city also participates in Valley Wa
RAF
gram
FTT
ty of Milpitas
TT
Each May

TTTDRRAFFFTTTDR FTDDRRAFRAF
(MH OP #76) “Flood Report” contains message on keeping debris and trash out of RAF
streams – Do Not Dump messagi
FTT

TTTTTTDRRAFFFTTTDR FTDDRRAFRAF
A OP #77) “Are You Ready for Winter Storms?” utilities insert co RAF
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'
1p events: Nation.: :1 1,,,.11:cn 1·UJJ voy City UI IVllll-'llCI: CCll.11 IVICIY (NRCD)an< ;tal Clean-Up 0<' ~D 'ey coordinate wi 1lley Water on (NRCD)and both these -up efforts . Th / als, ticipates in Valh ner's Adopt-a- September Creek Prop- (CCD)
,~~LI ,,... Flood Report" . ainsmes on keeping d .. City of Morgan Annually, cl _ - UO Not Dump mr mg Hill to or durin@
start of the
rainy seaso1
(PAOP , \\re You Rr /or Winter Stonns lities ins mtains the Do Not City of Palo Alt Each fall Dump anL 1: illeg; nping messages
(PA OP #78) br !rt includes a 'Utility An ~eme1 Flood Safety City of Palo Alt Annually, --
14 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Special Flood Hazard
Area (SFHA)
- Low Lying Areas, Along
Rivers and Creeks
- Coastal Communities at
Risk for Sea Level
Rise/Tsunamis
- Repetitive Loss (RL)
Areas
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Increase in number of
flood insurance policies
in the SFHAs and RLAs in
the county in general
Prospective buyers
understand flood risks
Increase number of
elevation certificates on
file, and structures
repaired with permits;
decrease the number of
repetitive loss increase
homes
Increase in the number
of flood insurance
policies with contents
coverage
Los Altos supports this effort.
(CUP OP #83) Flood notice in the local newsletter, The Cupertino Scene, which reaches residents and businesses in the SFHA (Topics 1-9) City of Cupertino Each October or
November issue
N/A Cupertino published the annual flood preparation article in the November 2021 issue of “The Cupertino Scene”.
(LA OP #84) Letter, along with a “Are You Prepared for a Flood in Your Neighborhood?” brochure to property owners in the SFHA (Topics 1-8) City of Los Altos Annually, each
fall
N/A Los Altos: A utility bill insert was sent out to all residential customers in October and all commercial customers in
December via Mission Trail (Refuse Collection partner). A letter to all SFHA property owners will be sent during
FY2022.

(LAH OP #85) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los
Altos Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #86) “Flood Public Advisory” brochure to residents and businesses within SFHA (Topics 1-6)
City of Milpitas Each December
or January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 12/10/21. This was sent in four languages
(English, Vietnamese, Spanish and Chinese).
(MH OP #87) Sends a citywide “Flood Report” brochure, including to those in the SFHA (Topics 1-9)
City of Morgan
Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill’s “2021 Flood Report” brochure was sent out citywide.
(MV OP #88) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View published the Volume 2, 2021 edition of the View in September 2021 that featured information on flood awareness, flood insurance, and preparing for the winter storm.

(MV OP #89) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer between 9/6/2021 and 10/25/2021.

(PA OP #90) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities mailer) to all residents and businesses in the city, including to those in the SFHA, along with their utility bills (Topics 1-9)
City of Palo Alto Each fall N/A Palo Alto sent “Are you Ready for Winter Storms?” flier as utility inserts during fall of 2021.
(PA OP #91) Sends out utility announcement, “Anytime it can rain, it can flood.

Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent flood safety tips as a utility announcement in March 2021.
(SC OP #92) Mails out a citywide, including all addresses in the SFHA, newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9) City of Santa
Clara
Each fall N/A Santa Clara: Newsletter was sent on November 1, 2021, and available on City website.

ATTACHMENT 2

Page 14 of 17 ends

TTTTDRAFTDDDDD
haza
DD
t a fo
DDDDDD
ents
Dager before you buildDDRDR
oss increase
DR
ho
DRDR
Increase in the num
DR
of floo nce
DR
policies with conten
DR
overag

RAFFTTDR FTRAFRAF
85) The town’s “Our Town” quarterly newsletter include
RAF
aredness. The newsletter is mailed o e and
RAF
on the town’s website (Topics TBD durin

RAFFTTTTTDRRAFFFTTTDR FTRAFRAF
(MIL OP #86) “Flood Public Advisory” brochure to residents and businesses within RAF
HA (Topic
FTT
s

TTTDRRAFFFTTTDR FTRAFRAF
MH OP #87) Sends a citywide “Flood Report” brochure, including RAFcs 1-9) FTT

TDRRAFFFTTTDR FT
I
--
--
repetitive loss
',:,mes
--
rd ;ise in the ber (LAH OP#8 e town's "Our l "q ~rly newsletter ir es information on Town of Los Each fall '
id insura flood prepa :!SS. The news, ism , out town-wide is also available Altos Hills ot or less of p swith c1 ts online Or'I ,wn's website ics TBD 1g cycle visit) c, ge
·" #86) ''Flood Public sory" broch, , residents• U)III~))~ WIUIIII City of Milpitas Each Decerr SFH, ;cs 1-6) or January
--
(MH OP#l ,cts a, ,de "Flood Report" br ·e,incli : to those in the City of Morgan Annually, cl SFHA (Topic~ Hill to or durin@
--
--
--
--
15 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(SUN OP #93) Sends two (2) mailers and one (1) “Horizon” newsletter article “Know How to Be Flood Safe” that promotes flood safety and flood preparedness messaging targeted to all residents and businesses within the SFHA (Topics 2 and 4) City of Sunnyvale Each fall around
October
N/A Sunnyvale: The City still sends out mailers to targeted residents and a flood safe newsletter article.
(SUN OP #94) Sends mailer to all those in the SFHA (Topics 1-4, and 7) City of Sunnyvale Each October N/A Sunnyvale: The City still sends out these mailers. The mailers were sent October 2021.

Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Increase in number of
flood insurance policies
in the SFHAs, RLAs, and
in the county in general
Prospective buyers
understand flood risks
Increase in the number
of flood insurance
policies with contents
coverage
(SCC OP #95) Sends letters to the properties in the unincorporated section in the areas of the county’s mapped repetitive loss areas
Santa Clara
County
Annually, each
fall
N/A Santa Clara County: No update available - non-CRS
participating community.
(CUP OP #96) Continues to send a letter to former repetitive loss properties City of Cupertino Annually, mid- year
N/A Cupertino continues to send out an annual letter to former repetitive loss properties.
(MH OP #97) Sends a notice to repetitive loss (RL) areas as required by FEMA City of Morgan Hill
Annually, each
summer
N/A Morgan Hill sent letters to properties in the City’s mapped repetitive loss areas in July 2021.
(PA OP #98) Sends letters to the properties in the city’s mapped repetitive loss areas, highlighting flood safety tips
City of Palo Alto Annually,
typically August
- September
N/A Palo Alto sent letters to properties in the City’s mapped repetitive loss areas, highlighting flood safety tips in August 2021.
(SJ OP #99) Sends letters to the properties in the city’s mapped repetitive loss areas City of San Jose Annually, each typically
between
September -
December
N/A San Jose: Letters sent to general repetitive loss property areas in March 2022.

Messengers to Other
Target Audiences
(Organizations &
Businesses Serving the
Community)
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Educate our community
on flood protection and
preparedness measures
by working and
coordinating with groups
who serve as
messengers, to people
who are at risk of
flooding, as they provide
their respective business
service
(VW OP #100) Administers a “Let’s Talk Water” Speakers Bureau Program that customizes presentations to update groups on specific issues provide updates on Valley Water projects, including flood protection projects and to educate residents on existing flood risks as well as provide resources and tips to be flood ready. https://www.valleywater.org/learning-center/lets-talk-water-speakers-bureau Valley Water
Communications
Unit
On a project-
specific basis or
as requested
Could vary from
year-to-year
Kiwanis
Rotary Clubs
Homeowners
and
Neighborhood
Associations
Forum Groups
Association of
Realtors
Valley Water’s ‘Let’s Talk Water’ Speakers Bureau
Program is active and available to the community.

General presentations discuss Valley Water’s flood
protection, including flood preparedness and awareness, and our creeks and ecosystems. Customized
presentations for groups on specific issues are also
available.
(VW OP #101) Participates in booth duty support at various events and fairs throughout the county, including Valley Water Capital project meetings or other events, as reque
sted by various organizations
Valley Water
Office of
Government
Relations
Annually.

During the
flood season
(starting in
September –
May)
All Santa Clara
County CRS
Communities
Valley Water did not undertake booth support during
FY22 due to the COVID-19 pandemic.
(VW OP #102) Partner with local Second Harvest Food Bank with distributing FEMA and Valley Water flood preparedness materials, including promotional item(s) as available
Valley Water CRS
Program
In October
(during CFPW)
Second Harvest
Food Bank of
Silicon Valley
Valley Water partnered with Second Harvest Food Bank
(SHFB) of Silicon Valley in October 2021. 2,000 ‘Get Flood Ready’ emergency starter kit donations were distributed by SHFB on behalf of all Santa Clara County CRS
communities.

ATTACHMENT 2

Page 15 of 17 ends

DRAFTDDRDR
uyers
DR
understand flood risks
DRDR
Increase in the num
DR
of flood insurance
DR
policies with conten
DR
overag
RAFRAF
(MH OP #97) Sends a notice to repetitive loss (RL) areas as required by FEMA FTT
ty of Morgan
T
ll
TTTT
Annually, ea
T
summer

DR FTRAFRAF
8) Send he properties in the city’s mapped r
RAF
highlighting flood safety tips
FTT
o

TTTTDRRAFFFTTTDR FTRAFRAF
SJ OP #99) Sends letters to the properties in the city’s mapped re FTT
e
TTTTTTDRRAFFFTTTDR FTDDDRDRducate our commuRAFRAF00) Administers a “Let’s Talk Water” Speakers Bureau PFTTTTDDDRRRAFFFTTTDR FT understand flo
•ase in the ber
1d insura
swith c1 ts
c, ge
·- "'"11 J ~t'lllD d IIUlll.t' lU It' ... '
(PA OP #98 js letters to tt .>pert
areas, hiP' ,ng flood safet
(SJ '9) Sends letters t
Hil
the city's map1 epetitive loss City of Palo Alt
~ity's mapi: :petitive loss areas City of San Jos(
Annually,
typically Au
-Septembe
Annually, ec
typically
between
September
December
I
16 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
(ALL OP #103) Other New Initiatives (as noted in the PPI document)

1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills each year, including PG&E.

2. Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information.

3. Expand on outreach to the Asian and Latino communities who live in flood prone areas.

4. Expand on outreach to “hot spot” flood prone areas by hosting on-site or virtual events.

5. Expand on reaching local homeowners associations (HOA)s and apartment associations (i.e. Executive Council of Homeowners [ECHO])

6. Expand on reaching residents in marginal and low-income communities through partnering with organizations that reach these communities. (i.e. Second Harvest Food Bank and others)

7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.

8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).

9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.

All TBD TBD Valley Water, as the lead agency for the Santa Clara County CRS Group/PPI Committee, included the ‘New
Initiative’ topic for discussion on its August 2021,
March 10, 2022, and May 19, 2022 meeting agendas.

The following new initiatives were accomplished in FY22:
1). Valley Water continues to offer assistance to all
communities for standardizing flood messaging to include as a utility bill insert.
5). Valley Water’s ‘Let's Talk Water: Speakers Bureau
Program offers presentations on the history of the district and how we operate and includes information on flood
preparedness. Presentations can be customized for
groups, as requested.
6). Due to the COVID-19 pandemic, countywide in-person
community events in FY22 were postponed or canceled.

Instead, Valley Water partnered with Second Harvest
Food Bank of Silicon Valley to distribute 2,000 emergency preparedness starter kits of emergency supplies to
underserved communities in October 2021.
9). At the May 19, 2022 CRS Users Group/PPI Committee
Meeting, this initiative was discussed. The idea was to develop an FRP similar to the one submitted by the City of Santa Clara for which full FRP credit was yielded. As we are looking at the feasibility of regionalizing the CRS Program for our area, this initiative will be evaluated in conjunction with the Feasibility Study being conducted. (CUP OP #104) The city provides a Winter Preparedness notification informing contractors that during the winter season, they need to winterize their project(s) site as certain soil disturbance activities are not allowed during the rainy season City of Cupertino On a project-
specific basis
Various
contractors
Cupertino continues to prepare and mail the rainy season letters every year to applicable projects. These letters were mailed in late August 2021.
(MIL OP#105) On a project-specific basis, the city provides contractors a Winter Preparedness notification that informs them that during the winter season, they need to winterize their project(s) site. Certain soil disturbance activities are not allowed during the rainy season

City of Milpitas On a project-
specific basis
Various
contractors
Milpitas: On-going. The City of Milpitas will be sending out winterization notices to larger development projects this winter.

ATTACHMENT 2

Page 16 of 17 ends

RAFRAF

6. Expand on reaching residents in marg e communities through RAF
partnering with organizations that reach these communities. (i.e. Second RAF
vest Food Bank and others)
RAF
unities could pursue FEMA Matching Funds Grants for s
RAF
eas.

RAF
view and expand other public information activities, such as RAF
Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).

RAF

9. Devel Flood Preparations (FRP)
DRDD
ng in creeks

DDDDDDDD
throu
DD
on’t d
DDD
messaging plan.

RAFFTTDR FT
1gh standing
:trive through
.. with organizations ch these communi
Harvt:.. 1 Bank and other

7. Commu
Loss Ar,
; could pursue, \ rv, ing Funds Grant! ;evere Repetitive

8. ReviE>• expand other •c infon
-~ (Activity 360) Flood lnSI..
·•elop a region-wide' J Response~
•n activities, St
~ Promotion
~ations (FRI
s Flood Protection
I
17 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
These projects are
credited under Activity
340 (DFH and REB) –
Additional credit is
provided if the PPI states
that real estate agents
should (or have agreed
to) advise house hunters
about the flood hazard
and that real estate
agents give house
hunters a REB brochure
(SJ OP #108) Sends out letters to real estate and insurance agencies and lenders, informing them of their responsibility to identify flood hazard areas and to take advantage of the Flood Zone Lookup on the city’s website on the “Flood Hazard Zones webpage and advises to contact the city for map reading services and elevation certificates on file
City of San Jose At the
beginning of
the flood
season
(September –
December)
Real Estate
Agencies/Agent
San Jose: Email letters to real estate, insurance agencies and lenders in January 2022.
(SUN OP #109) Sends mailer/postcard targeted to real estate agents informing them of the client’s responsibility for identification and purchase of flood insurance and the availability of the automatic 15% discount

City of Sunnyvale Each October Real Estate
Agencies/Agents
Sunnyvale: The City sent the mailers to real estate agents September 2021.

ATTACHMENT 2

Page 17 of 17 ends

DRAFT
I
Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach Project, Element 332.c. Program for Public Information (PPI), Step 7 requirement (See page 2 of this agenda) Outcome: 2021 PPI Annual Evaluation Report, Year 1 of 5 (See page 2 of this agenda) Section Meeting Topic Presenter Time

1. Introductions All 10 min

2. Review of the meeting Purpose and Outcome Merna Leal 2 min

3. 350 – Flood Protection Information
Element c). Flood Protection Website (WEB):
x Monthly (links) and annual review (content) of communities’ Flood Information landing page
Merna Leal 2 min

4. Best practices for the Verification Cycle Visit - Discussion by Insurance Services Office (ISO)
Addendum to the 2017 CRS Coordinators Manual (Edition: 2021) Effective January 1, 2021
- Class 8 New Prerequisite: Enforcement of a freeboard
standard for residential buildings
- Class 6 Updated Prerequisite: New subsection inserted - Class 9 New/modified Prerequisite: Subsection (3) replaced, and first sentence of Subsection (5) replaced
Need to see all higher NFIP regulations marked up in community’s ordinance or regulations
Correlate Open Spaces with required parcel spreadsheet(s) Heidi Carlin, ISO
CRS Specialist 5 min

5. 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report, Year 1 of 5
Assess whether the desired outcomes were achieved and what, if anything, should be changed
Which communities have adopted the PPI? Conformed/enacted copy should be in Egnyte; please upload and send copy to VW Using the 2021 PPI and Activity 330 Outreach Project worksheets provided on 5/20/21, discuss how communities will submit updates to Valley Water for consolidating report input
Communities’ updates due by next CRS Users Group Meeting or sooner
All 45 min

6. Next meeting – Joint CRS Users Group/Program for Public Information (PPI) Committee Meeting All 2 min

7. Adjourn
For questions, please contact Merna Leal at (408) 630-2366 or [email protected] Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting March 10, 2022 _ 1-3 p.m.

Zoom Meeting
https://valleywater.zoom.us/j/88438590277?pwd=VDBFbWs5aEVBSlAyQ2FaT3BValNoZz09&from=addon Meeting ID: 884 3859 0277 | Passcode: 568494 | +1 669 900 9128 US (San Jose) ATTACHMENT 3

Page 1 of 2 ends

T
Heidi CaHe
DRAFT
endumendum to the 2017 CRS Coordinators Manual (Edition: 2021) to the 2017 CRS Coordinators Manual (Edition: 2021) ctive January 1, 2021ctive January 1, 202
Class 8 C Newew Prerequisite: Enforcement of a freeboarderequisite: Enforcement of a freebo Dstandard for residential buildingsstandard for residential buildings Cl 6Cl 6 UdtdUdtd Pi i t N b t i i t dPi i t N b t i i CRS SpeCRT -
-
L
-
A L
L
'
L
I L L L L - ■ I _, L ~ ■ -- . - -- - -
Excerpts from the CRS Coordinator’s Manual, Activity 330 |Edition: 2017 ATTACHMENT 3
Page of 2
Step 7: Implement , monitor , and evaluate the program . The Program for Public Information committee meet s at least annuall y to monitor the implementa tion of the outi-each project s. The committee assesses whether the desired outcome s were achie ved and what, if anything , s hould be changed . This work is described in an evaluation report that is prepared each year , sent to the govern ing body, and included in the annual recertification .

Documentation for PPI Provided by the Community
In add ition to the materials provided for OP and FRP credit:
(I) At the initial verificat ion visi t,
(a) A copy of the Progra m for Public Information doc ument. (b) Minutes of the meetings, sign-in sheets , or other documentat ion of the comm ittee members ' participa tion.
(c) Documenta tion that the Progra m for Public Informatio n has been adopted by the community.
(2) At eac annual recert ification,
(a) Documenta tion that the Progra m for Publi c Information docume nt has been rev iewed and adj ust ed annua lly Thi s is i n the for m of a report, table o r spreads heet that stmunariLes ead 1 omreach project, what was done, and t he outco mes. (b) Minutes of the meeting~, sign-in sheet& or other documen tation of the commi ttee member"' participati on in the annual review .
(3) At subse4!1ent verifi cati on visits when a Program for Public Information update is due, (a) Documentation that the Progra m for Pu blic Informatio n docume nt has been updated.

This can be a new document or an addendum to the existing document that updates the needs assess ment and all sections that should be changed base d on evaluations of the p rojects . The upda te must be adopted followi ng the same process as approval of the original docume nt.
(b) Minutes of the meetings , sign-in sheets , or other docu mentation of the committee members' participa tion in the update .
(c) Docu mentat ion that the Program for Publi c Informat ion u pdate has been adopted by the com m unity.
66DQWD&ODUD&RXQW\&568VHUV*URXS33,&RPPLWWHH0HHWLQJ$WWHQGDQFH6KHHW March 10, 2022
1:00 - 3:00pm
Zoom
Attendees
Name (Original Name) Guest
Merna Leal, Valley Water No
Sherilyn Tran, Valley Water No
Warren Wettenstein, Milpitas External Stakeholder Yes
Brian Petrovic, Milpitas Yes
Evelyn Liang, Santa Clara Yes
Lea Velasco, Sunnyvale Yes
Christian Tran, Santa Clara Yes
Maria Angeles, Morgan Hill Yes
Amy Fonseca, Valley Water No
Vency Woo, Los Altos Yes
Heidi M. Carlin, CFM - ISO Yes
Jennifer Chu, Cupertino Yes
Gabrielle Abdon, Mountain View Yes
Arlene Lew, San Jose Yes
Renee Gunn, Moutain View Yes
Marlene Jacobs - ISO Yes
Roberto Alonzo, Milpitas Yes
Rajeev Hada, Palo Alto Yes
Suzanne Park, Sunnyvale Yes
Elizabeth Koo, Miplitas Yes
Vivian Tom, San Jose Yes
Steve Golden, Los Altos Yes
Gary Heap, Gilroy Yes
Daryl Jordan, Gilroy Yes
Tamara Davis, Sunnyvale Yes
Steven Erickson, Milpitas Yes
David Dorcich, Saratoga Yes
Peter Pirnejad, Town of Los Altos Hills Yes
Quorum Met: Missing communities, County of Santa Clara, Town of Los Gatos ATTACHMENT 4

Page 1 of 1 ends

DRAFT
YesYes
ww YesYes
YesYes
Yes
Yes
I
Ill
'1
+1 669 900 9128 US (San Jose)
Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach Project, Element 332.c. Program for Public Information (PPI), Step 7 requirement Outcome: 2021 PPI Annual Evaluation Report, Year 1 of 5 Section Meeting Topic Presenter Time

1. Introductions Amy Fonseca 10 min

2. Review of the meeting goals and agenda Amy Fonseca 5 min

3. FY21-22 Flood Awareness Campaign new approach: targeted outreach items to all addresses in the FEMA SFHA
FY22-23 Flood Awareness Campaign
Paola Giles 20 min

4. Public Event Giveaway Items (All)
x Emergency starter kits Amy Fonseca 5 min

5. California Flood Preparedness Week (October 2022)
x Statewide Agency Coordination Calls leading up to
CFPW (kicks off mid-May to early June 2022)
x Annual Valley Water Board Resolution
x Flood event kits for all cities/county
x Lobby display example
Amy Fonseca 2 0 min

6. Complete development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Report, Year 1 of 5 Note: Due during 5-year cycle visit or as part of annual re- certification, due 8/1/22)
Merna Leal 30 min

7. Activity 350 – Flood Protection Information
x Annual comprehensive review of communities’ flood
information websites
Amy Fonseca 5 min

8. Other items
x ISO training - TBD Amy Fonseca 5 min

9. Adjourn
For questions, please contact Amy Fonseca at (408) 630-3005 (office) or (408) 691-8889 (cell) or [email protected]
Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting May 19, 2022 _ 10:00am – 12:00 noon
Join Zoom Meeting
https://valleywater.zoom.us/j/82332622770?pwd=bVBXa3pYcG54Y2d6WjRzMEFxVzB3dz09 Meeting ID: 823 3262 2770
Passcode: 174435
ATTACHMENT 5

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items to all addresses in the FEMA SFHAitems to all addresses in the FEMA SFHA Flood Awareness CampaignFlood Awareness Campaign
Paola GilesPaola Giles
F
ent Giveaway Items (All)ent Giveaway Items (All)
Emergency starter kitsEmergency starter Amy Fonsecasec

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-
66DQWD&ODUD&RXQW\&568VHUV*URXS33,&RPPLWWHH0HHWLQJ$WWHQGDQFH6KHHW May 19, 2022
10:00 - 12:00noon
Zoom
Name (Original Name) Guest
Merna Leal (Valley Water) No
Amy Fonseca (Valley Water) No
Gabrielle Abdon (City of Mountain View) Yes
Lea Velasco (City of Sunnyvale) Yes
Meghan Azralon (Valley Water) No
Christian Tran (City of Santa Clara) Yes
Paola Giles (Valley Water) No
Falguni Amin (City of Santa Clara) Yes
David Dorcich (City of Saratoga) Yes
Elizabeth Koo (City of Milpitas) Yes
Gary Heap (City of Gilroy) Yes
Vivian Tom (City of San Jose) Yes
Jenn Chu (City of Cupertino) Yes
Darrell Wong (Santa Clara County) Yes
Roberto Alonzo (City of Milpitas) Yes
Steve Golden (City of Los Altos) Yes
Rajeev Hada (City of Palo Alto) Yes
Peri Newby (City of Campbell) Yes
Brian Petrovic (City of Milpitas) Yes
Swanee Edwards (City of Morgan Hill Ext. Stakeholder) Yes Renee Gunn (City of Mountain View) Yes
Quorum Met: Missing communities, Town of Los Altos Hills, Town of Los Gatos ATTACHMENT 6

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-274 Agenda Date: 7/5/2022

REPORT TO COUNCIL

SUBJECT
Action on an Agreement with Data Ticket, Inc. for Citation Management with an Option to Expand Services to Include Permit Processing

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Police Department oversees the City’s parking citation program. The program is a source of City revenue that has netted $1,439,220 over the past six fiscal years, as shown below. The COVID-19 pandemic negatively impacted revenues in Fiscal Years 2019/20 and 2020/21. However, the Police Department expects revenues to return to pre-COVID-19 levels with increased parking demand and as staffing levels increase to conduct enforcement.

Table 1
Fiscal Year Number of
Citations
Processed
Gross
Revenue
Refunds
Issued by
Data Ticket
Amount
Paid in
Taxes
Amount
Retained by
Data Ticket
Net
Revenue to
the City
2016/17 4,820 $366,188 $1,640 $100,695 $31,349 $232,505 2017/18 6,627 $510,348 $4,010 $135,550 $43,644 $327,143 2018/19 7,738 $597,715 $5,405 $147,385 $45,685 $399,241 2019/20 4,763 $381,665 $2,851 $95,191 $38,155 $245,468
2020/21 1,732 $143,199 $4,318 $36,408 $14,719 $87,754
2021/22 * 2,866 $220,371 $1,176 $51,813 $20,272 $147,109 TOTAL 28,546 $2,219,486 $19,400 $567,042 $193,824 $1,439,220 *FY 2021/22 metrics are incomplete; citations paid are from July 1, 2021 through June 10, 2022, whereas the financial metrics are from July 1, 2021 through April 20, 2022 The Police Department has been successful in controlling costs and maximizing net revenues to the City by outsourcing the task of processing citations, issuing notices, collecting payments, and pursuing collection efforts for delinquent accounts. Currently, the City is under contract with Data Ticket, Inc. for these services. The agreement with Data Ticket is set to expire on August 31, 2022.

DISCUSSION
Pursuant to City Code Section 2.105.330, a formal Request for Proposals (RFP) was conducted for this procurement, with the award recommendation based on “best value.” The factors considered in the award were quality and completeness of proposal, experience, technical capability, and cost.

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22-274 Agenda Date: 7/5/2022
On February 14, 2022, the City published an RFP for parking citation processing, management, and collection services. Two proposals were received from Data Ticket, Inc. and T2 Systems, Inc.

The proposals were independently evaluated by a three-member evaluation team with representation from the Police and Information Technology Departments. The proposals were evaluated and ranked against the criteria published in the RFP. Both vendors were invited to participate in oral and product demonstrations.

Based on receiving the highest overall score, staff recommends awarding the contract to Data Ticket, Inc. Data Ticket’s proposal met or exceeded all the RFP requirements, and their proposal was rated superior in the following key areas:
· Data Ticket has 33 years of experience processing parking citations and has over 400 clients nationwide.
· Data Ticket fees are highly competitive, resulting in significant savings to the City. · Data Ticket provides an enhanced software solution and comprehensive services enabling operational efficiencies.

The initial term of the proposed agreement with Data Ticket is five years, effective from September 1, 2022 to August 31, 2027. The City has the option to extend the term for up to five additional one-year terms through August 31, 2032. Under the agreement, Data Ticket will provide a turnkey parking citation processing services which includes the provision of a secure cloud-hosted citation processing/data management system, customer support, and various payment channels for patrons to view and pay their fines via mail, telephone and online.

With the exception of rate adjustments due to actual increases in postage costs, Data Ticket’s fees will remain fixed for the term of the agreement including all option periods. Citation processing is based on per unit pricing. For delinquent accounts, Data Ticket retains a percent of the amount collected. As a result of the competitive procurement process, Data Ticket reduced its fees (e.g., from $0.60 to $0.50 to process electronic citations and from 30% to 26% of revenue collected for delinquent accounts). This will result in higher net revenues to the City under the new agreement.

Data Ticket will process parking citations, collect payment from patrons, deduct its service fees from the amount collected, and return the balance to the City each month. Therefore, the agreement does not include a maximum compensation amount under this invoice model. The Finance and Police Departments will work collaboratively to develop and implement audit procedures for routine review of the invoice and balance transferred.

Data Ticket will also provide hardware, software and consumables including handheld ticket writers, printers, ticket stocks, charging racks, and the back-end software to log and track all transactions.

The City will issue separate Purchase Order(s) for these items to provide the Police Department the flexibility to select the proper combination and number of handheld devices, peripherals and accessories required over the term of the agreement. The estimated cost is $22,225, inclusive of annual software, support, and maintenance fees, over five years to equip seven Community Service Officers.

Additionally, the Police Department is considering utilizing Data Ticket’s online permit processing City of Santa Clara Printed on 6/30/2022Page 2 of 4
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22-274 Agenda Date: 7/5/2022
application for the Residential Parking Permit program. Should the Police Department implement this service, the annual fee is estimated to be $5,000.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
An agreement with Data Ticket creates operational efficiencies within the Police and Finance Departments. Data Ticket will deduct their costs from the revenues submitted to the City and will provide documentation on those costs. For accounting purposes, the City will record the gross revenue from Data Ticket and the associated expenditures in the Police Department’s operating budget, instead of the net. Due to this accounting change for FY 2022/23, a budget amendment is recommended below to recognize revenue from parking citations to cover the Data Ticket costs.

Budget Amendment
FY 2022/23
Current Increase/
(Decrease)
Revised
General Fund
Revenue
Fines & Penalties $1,465,000 $150,000 $1,615,000
Expenditure
Police Department -
Material/Services/Supplies
$3,565,421 $24,000 $3,589,421

COORDINATION
This report was coordinated with the Finance Department, City Attorney’s Office and Information Technology Department.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute an agreement with Data Ticket, Inc. for parking citation and optional permit processing services for an initial term starting on September 1, 2022 and ending on August 31, 2027;

2. Authorize the City Manager to execute up to five one-year options to extend the City of Santa Clara Printed on 6/30/2022Page 3 of 4
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22-274 Agenda Date: 7/5/2022
agreement after the initial five-year term, with the final term ending on August 31, 2032 if all options are exercised, subject to appropriation of funds;

3. Authorize the City Manager to execute Purchase Orders with Data Ticket, Inc. for the purchase of handheld ticket writers, peripherals and accessories as may be required, subject to the annual appropriation of funds; and,

4. Approve the FY 2022/23 budget amendment in the General Fund to recognize citation revenue in the amount of $150,000 and increase the Police Department appropriation in the amount of $24,000 ( five affirmative Council votes required to appropriate additional revenue) Reviewed by: Patrick Nikolai, Chief of Police
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Agreement for Services between the City of Santa Clara and Data Ticket, Inc.

City of Santa Clara Printed on 6/30/2022Page 4 of 4
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Agreement with Data Ticket, Inc. Page 1 of 30
Rev. 07-01-18
EBIX Insurance No. S200003138

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
DATA TICKET, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Data Ticket, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions Agreement with Data Ticket, Inc. Page 2 of 30
Rev. 07-01-18
of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
A. Initial Term. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on September 1, 2022 and extend through August 31, 2027 (“Initial Term”).

B. Options to Extend. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to five (5) additional one-year terms through August 31, 2032 (“Option Periods”).

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” Agreement with Data Ticket, Inc. Page 3 of 30
Rev. 07-01-18

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, Agreement with Data Ticket, Inc. Page 4 of 30
Rev. 07-01-18
be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All reports, information, and data, including but not limited to computer tapes or discs, files, and tapes furnished or prepared by the Contractor, (collectively the "Materials"), are and shall remain exclusively the sole property of Contractor, and the City shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder (collectively the "System") are and shall remain exclusively the sole property of Contractor, and the City shall acquire no right or title to said Systems.

A. All documents, records and tapes supplied by City to Contractor in performance of this contract are agreed to be and shall remain the sole property of City. Contractor agrees to return same promptly to City no later than forty‐five (45) days following notice to the Contractor.

13. SECURITY PROVISIONS
A. Security Provisions: City and Contractor agree to follow all defined security requirements including but not limited to:
i. All City employees who are provided access to services provided by Contractor must complete a background check and must complete annual security awareness trainings.
ii. All City employees must sign security agreement documents subject to the source state of the information being obtained by DMV entities.
iii. City must inform Contractor within 24 hours of a City employee with access to Contractor services leaving their role.
iv. Each Party must inform the other Party of any breach of information within 24 hours. This notification must include the date and time of the breach or unauthorized access, nature of the security breach, what data was accessed or vulnerable to the breach including names and contact information of customer information that may have been compromised, and what each Party has done in
response to the event. Affected customers must be notified by Contractor of any breach of security involving their personal information as required by applicable laws.

Agreement with Data Ticket, Inc. Page 5 of 30
Rev. 07-01-18
v. City understands and agrees that security requirements may change and be updated to reflect the most current security requirements of the government agencies Contractor works with to obtain vehicle registered information.
vi. Each Party understands that evidence of the security requirements may be requested to comply with each Party’s audit requirements.

Each Party must cooperate with all security audits and in the remediation of all identified system vulnerabilities that can lead to a system breach.
vii. City understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused.

B. Permissible Use Provisions: City agrees to follow all defined permissible use requirements including but not limited to:
i. All City employees who are provided access to services provided by Contractor must receive annual training on permissible use of state agency information.
ii. All City employees must sign permissible use agreement documents subject to the source state or government agency where the vehicle registered owner information is being obtained. iii. All City employees will be instructed of the confidentiality of information obtained from a government agency and the proper use of that information based on job responsibility, which must not involve immigration purposes.
iv. City must inform Contractor within 24 hours if data has been misused in such a manner that might constitute data misuse or a data breach.
v. City must inform Contractor of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.
vi. City understands and agrees that permissible use requirements may change and be updated to reflect the most current permissible use requirements of the government agencies Contractor works with to obtain vehicle registered information.
vii. City understands that evidence of the permissible use requirements may be requested to comply with Contractor audit requirements of the governmental agencies Contractor works with.

Agreement with Data Ticket, Inc. Page 6 of 30
Rev. 07-01-18
viii. City understands that tracking of activity will occur for annual reviews to be conducted by Contractor to ensure the confidentiality and privacy required for government agency provided information. ix. City understands that all information obtained through government agencies is considered subject to the Drivers Privacy Protection Act (DPPA) and agrees that no disclosures of information will be made that would constitute a violation of this act.
x. City understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused.

C. Data Security
i. Contractor must secure, protect at all times, and implement commercially reasonable measures to prevent unauthorized access to any personal identifying information, financial account information, and information designated in writing by the City as “restricted City information” (collectively, “Confidential Information”), whether in electronic format or hard copy. At a minimum, Contractor must encrypt and password-protect electronic files, store and process Confidential Information only in North America, and adhere to any security applicable standards. Standards arise from the service and data processed and may include National Institute for Standards and Technology CSF/800-14/800-53/800-82,
International Organization for Standardization 1504/27001/27002, International Society for Automation ISA-62443 series, Payment Card Industry PCI-DSS, Underwriters Laboratory, Health Insurance Portability and Accountability Act, Federal Risk and Authorization Management Program FedRAMP, US Department of
Justice/Federal Bureau of Investigation Criminal Justice Information Services Security Policy, California Department of Vehicle, other state registries, et al, as applicable based on the scope of foodservice services hereunder. This includes data saved to host locations, computers, connected devices, and storage devices. ii. When Confidential Information, regardless of its format, is no longer required by Contractor to execute the work required by this Agreement, the information must be redacted or destroyed through appropriate and secure methods, to ensure the information cannot be viewed, accessed, and reconstructed.
iii. Contractor represents and warrants that for the Term of the Agreement, if Contractor serves as the merchant-of-record for credit or debit card transactions in connection with the Services Agreement with Data Ticket, Inc. Page 7 of 30
Rev. 07-01-18
provided under this Agreement, the software and services used for processing credit and debit card transactions shall be compliant with standards established by the Payment Card Industry (PCI) Security Standards Council. In the case of a third-party application selected by Contractor, the application will be listed as PA-DSS compliant at the time of implementation by the Contractor. Except for the negligent actions or omissions of the City, Contractor acknowledges and agrees that it is responsible for the security of all cardholder data. Contractor agrees to indemnify, defend, and hold City, its officers, employees, and agents, as well as Operator and its employees and agents, harmless for, from and against any and all claims, causes of action, suits, judgments, assessments, costs (including reasonable attorneys' fees) and expenses arising out of or relating to any loss of customer payment card or identity information processed, managed, retained or maintained by Contractor, including but not limited to fraudulent or unapproved use of such payment card or identity information. Contractor shall, upon written request, furnish proof of compliance with the Payment Card Industry Data Security Standard (PCI DSS) within 10 business days of the request. Regardless of written request, the Contractor shall provide the proper Attestation of Compliance (AOC), which can be found on the PCI SSC website, annually.

Contractor agrees that, notwithstanding anything to the contrary in the Agreement, the City may terminate the Agreement immediately without penalty upon notice to the Contractor in the event Contractor fails to maintain compliance with the PCI DSS or fails to maintain the confidentiality of any cardholder data. If Contractor Systems connect to or interface with City systems, the City agrees to promptly implement upon written request from Contractor, at City’s expense, changes to the City Systems that Contractor reasonable requests and believes are necessary or prudent to ensure Contractor’s compliance with the PCI DSS.

14. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Agreement with Data Ticket, Inc. Page 8 of 30
Rev. 07-01-18
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.

15. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.

16. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

17. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, Agreement with Data Ticket, Inc. Page 9 of 30
Rev. 07-01-18
acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

18. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Santa Clara Police Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]

And to Contractor addressed as follows:

Data Ticket, Inc.

Attention: Brook Westcott
2603 Main Street, Suite 300
Irvine, CA 92614
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

19. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299
).

20. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with Data Ticket, Inc. Page 10 of 30
Rev. 07-01-18
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

21. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

22. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

23. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

24. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

25. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

26. EXECUTIVE ORDER N-6-22

In order to comply with the Governor's Executive Order, the following information is provided which will be included in City bids and agreements until such time that the EO is rescinded.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia- Ukraine-Executive-Order.pdf.

Agreement with Data Ticket, Inc. Page 11 of 30
Rev. 07-01-18
The EO directs the City of Santa Clara to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial- sanctions/sanctions-programs-and-country-information/ukraine-russia-related- sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Signatures on following page.

27. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original , but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives .

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: Approved as to Form: - ------ - ------
Office of the City Attorney
City of Santa Clara
"CITY"

RAJEEV BATRA
City Manager
1500 Warburton Avenue
Santa Clara , CA 95050
Telephone : (408) 615-2210
Fax: (408) 241-6771
DATA TICKET, INC.
a California corporation
Dated: & - 7 - ::i-a~
By (Signature) ~""""'--~ ~=-=---.L<'-'---- -------
Name : Brook Westcott
Title: Chief Operating Officer
Principal Place of 2603 Main Street, Suite 300
Business Address : Irvine, CA 92614 - - -'-------- - ------- - Em a i I Address : [email protected]
Telephone : (949) 428-7240
Fax: ---'---'---- ------- - ---- --
Agreement with Data Ticket, Inc.

Rev. 07-01- 18
"CONTRACTOR "

Page 12 of 30 ends

Agreement with Data Ticket, Inc./Exhibit A-Scope of Services Page 13 of 30 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

1. INTRODUCTION

1.1. Contractor shall provide a turnkey processing, management, and collection services in support of the City’s parking citation and permit programs.

1.2. To the extent not inconsistent with this Agreement between the City and Contractor including this Scope of Services, the City’s RFP 21-22-07B (including subsequent updates), Contractor’s proposal response dated March 7, 2022, Contractor’s oral demonstration materials dated March 23, 2022, and Contractor’s cost proposal dated April 12, 2022 are hereby incorporated by reference herein, and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement.

2. HANDHELD TICKET WRITERS

2.1. Handheld ticket writers shall be programmable and able to produce citations that meet the format and layout requirements provided by the City.

2.2. The software shall come standard with adequate memory sufficient for programs, files, hot car lists, photographs, as well as other contact information, documents and sound recordings if applicable.

2.3. Contractor shall be responsible for maintenance and repair, software updates/upgrades, and any failure during the term of the agreement.

However, Contractor shall not be responsible for stolen or lost hardware and failures due to misuse.

3. CITATION PROCESSING

3.1. Referral and Reconciliation: Contractor shall receive and process parking citations which Contractor shall receive from the City. Contractor will provide a reconciliation of the number of citations received from the City.

3.2. Determination of Processable Citations: Contractor shall screen the parking citations referred to it by the City to determine if the citation is processable. If the citation is determined by Contractor to be unprocessable (e.g., essential processing information is missing), Contractor shall return the citation to the City within seven (7) days of receipt, by Contractor’s office, for clarification.

Contractor will be paid the contractual rate hereinafter provided, for citations properly returned to the City as unprocessable.

3.3. Collection and Deposit of Funds: A "direct deposit" system shall be employed for all funds received in payment of citations. The City shall own the account

Agreement with Data Ticket, Inc./Exhibit A-Scope of Services Page 14 of 30 Rev. 07-01-18

and deposits shall be made directly into the account by the Contractor for the collecting City. The Contractor will invoice the City for services rendered.

Payment in full shall be due within thirty (30) days after which interest shall be accrued at the rate of 6%, (or lower if any statutes, rules or regulations prohibit this rate). If the Contractor deposits into an account held jointly between the City and the Contractor, the Contractor shall reconcile the account the month following the banking activity, disburse all revenue due the City, the Contractor, any tax or surcharge liability and all refunds and provide all supporting documentation for the City records.

3.4. Identification of Registered Vehicle Owners: Contractor shall exert best efforts and attempt to obtain the name and address of the registered vehicle owner from the State Department of Motor Vehicles (DMV) for each vehicle for which a parking citation has been issued but payment for which has not been received within the required time period. Contractor shall follow all procedures specified by the DMV, and be consistent with the Vehicle Code when identifying registered vehicle owners.

3.5. Verification of Ownership: Contractor will take reasonable measures to identify and verify registered vehicle owners. Such measures will take into consideration factors such as issuance of new license plates; address changes; license plate transfers to other vehicles; name changes; and the validity of plates and registration during specific time periods applicable to individual cases.

3.6. Delinquency Notices: In accordance with State law, Contractor will generate and mail (presorted, first‐class postage) no sooner than allowable by law, a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The mailed notice will include all information required by the State Vehicle Code, including, but not limited to the following:

3.6.1. the parking citation issuance date and number;

3.6.2. the consequences of nonpayment (i.e., a hold on the vehicle registration and the imposition of penalties, towing, or issuance of a possible warrant for arrest);

3.6.3. the amount of fines and fees due and payable; and

3.6.4. Affidavit of Non‐Ownership.

3.7. Registration Holds: Contractor will provide the system and procedures and will interface with the State Department of Motor Vehicles to place a hold on vehicle registration having unpaid parking fines and fees due against those vehicles in accordance with the Vehicle Code and any other applicable State and local laws. The notification will be given within a reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state and local law.

Agreement with Data Ticket, Inc./Exhibit A-Scope of Services Page 15 of 30 Rev. 07-01-18

3.8. Removal of Registration Holds: Contractor will provide the system and procedures and will interface with the State Department of Motor Vehicles to remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalties, and fees due against the vehicle and establishes such payment to the satisfaction of Contractor.

3.9. Contested Citations: In the event a registered vehicle owner disputes the liability for the outstanding parking citation, Contractor will advise the registered vehicle owner of his/her right to request an appeal according to the laws in the state of citation issue. All contested citations will be forwarded to the appeals administrator or the City within the prescribed time period so that the matter can be adjudicated.

3.10. Administrative Reviews and Hearings. Contractor shall be responsible for notifying the City’s Hearing Officer of all hearing requests. Contractor shall:

3.10.1. process requests for initial/administrative review hearings immediately upon request in accordance with the laws and administrative regulations;

3.10.2. if and when a hearing is granted, promptly notify the City’s Hearing Officer who will schedule hearing;

3.10.3. immediately update the citation disposition in the citation processing system;

3.10.4. work with the City’s Hearing Officer to track each step of the initial/administrative review and hearing process;

3.10.5. print and mail (by first class mail) customized hearing notification letters for the City;

3.10.6. forward the hearing schedule to the City;

3.10.7. enter payments, voids, and disposition from hearings (including reason for disposition);

3.10.8. review hearing officer reduction of penalties and any comments necessary to review the disposition online within forty-eight (48) hours of receiving information; and

3.10.9. respond to inquiries for the City and the public regarding date of hearing, mailing date, location of hearing and directions to hearing location.

3.11. Citations Disposed of by Hearing/Court: Contractor may be required, as a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. Contractor shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. Contractor will maintain records indicating any reduction or cancellations of parking citations as a result of hearing/ court action. Parking citations that are dismissed as a result of hearing/court action,

Agreement with Data Ticket, Inc./Exhibit A-Scope of Services Page 16 of 30 Rev. 07-01-18

will have the dismissal processed by Contractor promptly after receipt from the Hearing/Court.

3.12. Suspension of Processing: Contractor will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the City. Contractor will promptly return any citation or facsimile properly requested by the City. Contractor will maintain records indicating any suspension of citation as a result of City’s request. Contractor shall be paid the contractual rate hereinafter provided for processing the citations suspended by the City.

3.13. Payments by U.S. Mail: It is the citizen’s responsibility to ensure that payments are received on or before the date due. The date received by the Contractor will be the criteria to establish any delinquent fees due.

3.14. Parking Citation System Master File Update: Contractor will regularly, on a daily basis, update the parking citation database with new citations, payments, reductions, cancellations, dismissals and any other pertinent data.

4. PAYMENT PROCESSING

4.1. Disposition Processing: Contractor will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on‐line for at least one (1) year, for research and statistical purposes.

4.2. Payments Processing: Contractor shall process citation payments within twenty‐four (24) hours of receipt. Payments shall be immediately posted in one (1) of three (3) following categories:

4.2.1. "Regular Payments" are payments with the correct bail, paid on or before the due date. (This includes payments properly complying with prior Notices‐of‐Intent).

4.2.2. "Partial Payments" are payments paid for less than the amount of bail due. A notice or additional correspondence may advise defendant of late charges and/or incorrect bail.

4.2.3. "Court/Hearing Requests" are all requests for administrative/court hearings by defendants.

4.2.4. These requests are sorted so that bail submitted is immediately posted, and if needed the original citations are retrieved.

4.3. Miscellaneous Letters Processing: Contractor will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by Contractor for proper follow‐up either by the City or by Contractor.

4.4. Batching Procedures: Contractor shall maintain an effective method of internal control procedures. Such procedures shall involve reconciliation of all

Agreement with Data Ticket, Inc./Exhibit A-Scope of Services Page 17 of 30 Rev. 07-01-18

payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be scanned and stored electronically on the network for a minimum period of three (3) years.

4.5. Cash Payments: Contractor shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments, using generally accepted accounting principles.

4.6. Deposits: All deposits shall be made daily, subject to regular banking hours.

4.6.1. Deposits shall be itemized and detailed information will be captured regarding submitted funds.

4.6.2. Deposit slips shall be prepared in triplicate. If a joint account between Contractor and City is opened, all deposits shall be directly deposited and Contractor shall perform all reconciliation and check generation along with monthly invoicing. If only the City’s designated bank account is used, Contractor will deposit directly into the designated account, but will have no authorization to perform any other duties.

Monthly invoicing will be generated by the parking management system and the City will be responsible to reconcile the account and cut all checks. In that case, the City will supply deposit slips and endorsement stamp to Contractor.

4.7. Revenue Report: A monthly revenue report will list all revenues received during a given month. This report will also provide information regarding the City’s responsibility for any taxes on collected funds.

5. WEB SITE

5.1. Citation Management Web Site: Contractor offers a web site for City review and interface of its database, including all citations and information relating to changes in status.

5.2. Patron Web Site Access: When the City has web site access, the citizens who receive citations will be able to access the web site to review their individual citations, pay on‐line and appeal on‐line.

5.3. Web Site Interaction: The web site may be “view only” or “interactive,” for City staff depending on requirements of the City.

5.4. Web Site Reports: Web site reports are available to the City on a daily 24/7 schedule and export into Excel for easy flexible reporting.

5.5. Web Site Cost: User ID’s and passwords will be assigned to the City at no cost.

Agreement with Data Ticket, Inc./Exhibit A-Scope of Services Page 18 of 30 Rev. 07-01-18

6. FRANCHISE TAX BOARD INTERAGENCY INTERCEPT PROGRAM
Contractor shall provide full Interagency Intercept capabilities, including but not limited to:

6.1. Develop a method for identifying and tracking past due citations that are eligible to be sent to the California Franchise Tax Board (FTB) Interagency Intercept Collections program in accordance with Government Code Title 2, Division 3, Part 2, Chapter 5, Article 2.

6.2. Obtain social security numbers for each eligible unpaid parking citation.

6.3. Send all eligible unpaid parking citation fines and penalties to the FTB when authorized by the City.

6.4. Perform the necessary record searches in order to secure social security numbers as needed for assignment of past due fines and penalties to the FTB.

6.5. Maintain records of all unpaid fines and penalties assigned to the FTB for payment and to provide a monthly report of these debts to the City, and provide the City with any information regarding these debts in writing.

6.6. Combine all eligible unpaid fines and penalties for each debtor, and mail pre- placement notices as required by the Interagency Intercept Program.

6.7. Update all records in the citation database according to the payments received.

6.8. Notify FTB of any payments received and cancel FTB processing for that individual citation.

6.9. Make any and all deposits of funds directly to the City’s financial institution or Contractor will open a joint account between the City and the Contractor and deposit funds directly into that account.

6.10. Provide all reconciliation and divide the revenue between the City, Contractor, and all taxes due to the State, county court and jail funds.

7. INDIGENT PAYMENT PLAN
Contractor shall oversee the City’s Indigent Payment Plan pursuant to Assembly Bill 503 (AB 503) which allows indigent persons as defined in CA Vehicle Code § 40220 to pay unpaid parking fines and fees in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are three hundred dollars ($300) or less.

8. ADDITIONAL SERVICES

8.1. California Vehicle Code 40215: Services provided include accepting, scheduling, reviewing and hearing of first and second level administrative appeals, interfacing and providing backup for Court appearances and notifying City contestants by phone and in writing of decisions. The City shall

Agreement with Data Ticket, Inc./Exhibit A-Scope of Services Page 19 of 30 Rev. 07-01-18

be responsible to pay the $25.00 Court filing fee if the review and administrative hearing decisions are overturned by the Court.

8.2. Other Collections: Contractor shall retain a percent of payments collected on delinquent citations which have been processed in accordance with the current Agreement, and meet the following criteria:

8.2.1. Delinquent citations; those for which the California State Department of Motor Vehicles have been placed on a registration hold and/or dropped from the registration hold due to a transfer of ownership or non‐renewal of registration or a registration hold has not been placed, but the normal daily processing cycle is complete.

8.2.2. Citations with out‐of‐state license plates.

8.2.3. Any other problem or special citations that City so designates and refers to Contractor under this Agreement.

8.3. Postal Rate Increase: The Contractor will maintain auditable records to document the Contractor’s actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase goes into effect.

9. GENERAL

9.1. Public Inquiries: Contractor will respond to reasonable inquiry by telephone or letter of a nonjudicial nature. Inquiries of a judicial nature will be referred to the City for determination, unless Contractor has been designated to handle appeals.

9.2. Contractor Limitations: Contractor will not take legal action or threaten legal action in any specific case without the City’s prior approval.

9.3. Use of Approved Forms: The City shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by Contractor.

These must conform to State and local law.

9.4. Books and Records: Contractor will maintain adequate books or records for parking citations issued within the City’s jurisdiction and referred to Contractor for processing. Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by the City at the Contractor’s location at reasonable times upon adequate prior notice to Contractor.

9.5. Contractor Files: Contractor shall maintain master files on parking citations referred to it for processing under the scope of services. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail.

Agreement with Data Ticket, Inc./Exhibit A-Scope of Services Page 20 of 30 Rev. 07-01-18

9.6. Storage for City: Contractor agrees to store original citations, manually scanned or received electronically, on the network for a minimum of three (3) years. City relieves Contractor of all liability costs associated with data released by City to any other person or entity using such data. Subsequent to the termination of this Agreement, Contractor shall return all hard copies to the City or shred them. If requested, an electronic file, diskette or CD of all processed data will be available to the City.

10. REPORTS

10.1. Periodic Reports: Contractor will submit reports to the City each month. The reports will provide activities relating to performance under this Scope of Services. Among the reports, which Contractor will generate, are the following:

10.1.1. Report of Revenue Collected for Period

10.1.2. Report for Parking Citations Issued for Period

10.1.3. A balanced summary report for issuing City providing the status of all parking citations at the beginning of the period, current period and at the end of the period.

10.1.4. A report for issuing City identifying registered vehicle owners with multiple outstanding parking citations.

10.1.5. A report for issuing City identifying the parking citations issued, location, and violation by officer.

10.2. PCI Compliance Reports/Certificates: Quarterly Ad Hoc certificates will be sent to the City.

10.3. Annual Reports: Annually, Contractor shall comply with existing state laws.

11. MARK43 INTEGRATION

11.1. Contractor shall provide an interface that will allow automatic file transfers of parking citation data into the City’s records management system (i.e., Mark43 RMS) within one (1) week of a citation being issued. Data transferred shall at a minimum include:

11.1.1. Date

11.1.2. Time

11.1.3. Location

11.1.4. Vehicle License Plate or VIN number

11.1.5. Vehicle Make

11.1.6. Vehicle Model

11.1.7. Vehicle Year

Agreement with Data Ticket, Inc./Exhibit A-Scope of Services Page 21 of 30 Rev. 07-01-18

11.1.8. Vehicle Color

11.1.9. Violation(s)

11.2. Contractor shall be responsible for maintaining the interface jobs running on its server(s).

12. RESIDENTIAL PARKING PERMIT MANAGEMENT SYSTEM (OPTIONAL)

12.1. At the City’s request, Contractor shall provide a customized parking permit management system to the City for customers to apply for, view, and manage their permits online.

12.2. Contractor shall develop all necessary plans with approval by the City and provide all professional services required to configure and implement the parking permit management system in accordance with the City’s requirements.

Agreement with Data Ticket, Inc./Exhibit B-Schedule of Fees Page 22 of 30 Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
There is no maximum compensation under this Agreement. Contractor provides a revenue stream by processing parking citations, collecting fees noted in this section, and returning the balance of the collected penalties to the City of Santa Clara Police Department.

2. CITATION PROCESSING
Prices set forth in this section shall remain fixed for the term of the Agreement, including any optional terms. However, if postal rates increase during the term of the Agreement, fees to Contractor shall be raised immediately to offset the effect of the actual postal rate increase.

Description Fee
Receipt and processing of parking citations submitted
electronically
$.50 per citation
Receipt and processing of parking citations submitted
manually
$.65 per citation
Registered Owner Information for all citations $0.00
Courtesy Notice (including postage) $.75 per notice
Delinquent Notice (including postage) $0.00
Out of State Collection 25%
Delinquent Collection 26%
FTB Collection 15% (contingency based)
Social Security Number (SSN) request required for FTB
placement
$2.50 per unique SSN
CA DMV Holds and Releases $0.00
1st Level review hold & scanning of review request (review documentation received by appellant and determine
whether request received within required timeframe, then if so, place citation on Administrative Review Request Hold and scan all received documents into the system.
$.50 per appealed citation
1st Level review disposition letter (including postage) $.75 per letter 2nd Level hearing hold, scanning of documentation &
scheduling of hearing (review documentation received by appellant and determine whether request received was
within required timeframe, then if so, place citation on Administrative Review Request Hold and scan all received documents into the system and work with Hearing Officer to schedule a hearing)
$.50 per appealed citation
Agreement with Data Ticket, Inc./Exhibit B-Schedule of Fees Page 23 of 30 Rev. 07-01-18

Description Fee
2nd Level hearing disposition letter (including postage) $.75 per letter Hearing Notification Letter (including postage) $.75 per letter Collection and processing of payments (web) $0.00
Collection and processing of payments (telephone) $0.00 Collection and processing of payments (mail-in) $0.00
Refunds $4.00 per refund
Chargebacks and NSFs 4.00 per chargeback/NSF
Indigent Payment Plan Oversight $5.00 if Contractor
oversees the
approval/denial process

$2.00 if City oversees the
approval/denial process
Indigent Payment Plan Approval/Denial Letter $.80 per letter Hearing Officer Fee – Utilizing Data Ticket’s independent Hearing Officers
$45.00 per hearing
In Trust/Escrow Account $100.00 per month
Mark43 Integration No Charge
Credit / Debit Card Processing
Contractor is PCI Compliant and provides the ability to pay with Visa, MasterCard, Discover, and American Express credit/debit cards. There is no charge to the City for credit / debit card processing; however, the paying individual s are charged the fee.
$3.50 per transaction

Payment Plan Processing
• An administrative fee will be assessed to payment plan requestors who wish to participate in a payment plan.
• This fee will cover the cost of the payment plan
initiation, and the cost of a confirmation letter that is sent to the patron confirming the details of the payment plan.

Payment plans are subject to the City’s approval.
$15.00 per transaction
Credit Card Chargeback Processing
• If a chargeback occurs, a fee will be charged to the
patron for the processing of the chargeback.
• No fee will be charged to the City.
$30.00 per transaction

Agreement with Data Ticket, Inc./Exhibit B-Schedule of Fees Page 24 of 30 Rev. 07-01-18

3. HANDHELD TICKET WRITERS AND ACCESSORIES
The City will issue separate Purchase Order(s) for the purchase of handheld ticket writers including but not limited to printers, charging racks, data plan, and repair, maintenance and support. The City, at its sole discretion, shall select the combination of handheld devices and all other peripherals and accessories to use, whether listed or not below.

Description Unit Price Qty Total
One-time Cost – 2-piece
handheld w/printer –
Android A53 or similar
device
$1,225.00 each set 7 $8,575.00 per year
Year 1 Repair,
Maintenance & Support $20.00 per unit/month 7 $1,680.00 per year Year 2 Repair,
Maintenance & Support $20.00 per unit/month 7 $1,680.00 per year Year 3 Repair,
Maintenance & Support $20.00 per unit/month 7 $1,680.00 per year Year 4 Repair,
Maintenance & Support $20.00 per unit/month 7 $1,680.00 per year Year 5 Repair,
Maintenance & Support $20.00 per unit/month 7 $1,680.00 per year Handheld Annual Software
License Fee – Per Unit
$150.00 per year
7 $1,050.00 per year
Handheld Replacement for
Lost/Stolen/Damaged Unit -
Optional
$15.00 per unit/month 7 $1,260.00 per year
Standalone printer $375.00 each
Data plan to be used with the handheld units is a straight pass through and the City may utilize any carrier.

Ticket stock shall be quoted as needed.

Contractor shall invoice the City in accordance with the items and quantities stated on the Purchase order. City will pay Contractor within thirty (30) days of City’s receipt of an approved invoice.

Agreement with Data Ticket, Inc./Exhibit B-Schedule of Fees Page 25 of 30 Rev. 07-01-18

5. RESIDENTIAL PARKING PERMIT MANAGEMENT SYSTEM (OPTIONAL) At the request of the City, Contractor shall provide residential parking permit management system in accordance with the fees set forth in this section. Prices set forth in this section shall remain fixed for the term of the Agreement, including any optional terms.

Description Fee
Residential Parking Permit Processing $5,000.00 annually Permit Approval/Denial Process (Optional)
Contractor to approve/deny the review of each permit
registration documentation and request.
$3.00 per approval/denial
Permit Fulfillment (optional – if City will not utilize virtual permits utilizing a “plate”). Services for this item includes:
• Contractor to assign each permit per successful
registration
• Contractor to generate and mail a custom notice to
each successful registrant with an assigned permit.

The rate includes Postage – USPS first class rate.
$3.50 per permit fulfillment
and $.80 per letter sent
Agreement with Data Ticket, Inc./Exhibit C-Insurance Requirements Page 26 of 30 Rev. 07-01-18

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$2,000,000 Each occurrence
$2,000,000 General aggregate
$2,000,000 Products/Completed Operations aggregate
$2,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office Agreement with Data Ticket, Inc./Exhibit C-Insurance Requirements Page 27 of 30 Rev. 07-01-18
endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS’ COMPENSATION

1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. Technology Professional Liability Errors and Omissions

1. Insurance with Two Million Dollars ($2,000,000) per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

2. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City in the care, custody, or control of Contractor. If not covered under the Contractor's liability policy, such "property" coverage of the City may be endorsed onto the Contractor's Cyber Liability Policy as covered property as follows:

3. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City that will be in the care, custody, or control of Contractor.

4. The insurance obligations under this Agreement shall be the greater of 1) all the insurance coverage and limits carried by or available to the Contractor; or 2) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the indemnity or other obligations of Contractor under this Agreement Agreement with Data Ticket, Inc./Exhibit C-Insurance Requirements Page 28 of 30 Rev. 07-01-18
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.

3. General Aggregate. The general aggregate limits shall apply separately to Contractor’s work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer’s equivalent (CGL);

4. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non- payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non- renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non- renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

5. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

Agreement with Data Ticket, Inc./Exhibit C-Insurance Requirements Page 29 of 30 Rev. 07-01-18

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.

Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements.

Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected]:

Or mail to:

EBIX Inc.

City of Santa Clara – Santa Clara Police Department
P.O. Box 100085 – S2
Duluth, GA 30096
Agreement with Data Ticket, Inc./Exhibit C-Insurance Requirements Page 30 of 30 Rev. 07-01-18
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-502 Agenda Date: 7/5/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Ordering the Vacation of a Pole Line Easement, Anchor Easement, and Portion of Public Utility Easement at 3941 Stevens Creek Boulevard

COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development

BACKGROUND
On January 25, 2022, City Council (Agenda Item 8) approved the 100% Affordable Mixed-Use Project (Project) located at 3941 Stevens Creek Boulevard (Property). The Project consists of 59 apartment units and 2,630 square feet of commercial/office uses on a 0.58-acre site.

DISCUSSION
Due to the redevelopment of the Property, the existing pole line easement, anchor easement, and a portion of the public utility easement encumbering the Property have been relocated or determined to be excess, and these easements are no longer necessary. The owner has requested that the City vacate the subject easements to clear these unnecessary encumbrances on the Property. Any relevant facilities previously within said easements or portions to be vacated have been removed or abandoned. All departments and agencies having an interest in the easements concur that the easements are eligible to be vacated. Staff has reviewed this proposal and found that these easements are no longer necessary for public purposes; and therefore, recommend that they be vacated according to subsection C of California Streets and Highways Code Section 8333.

ENVIRONMENTAL REVIEW
A resolution approving the Sustainable Communities Project Exemption to exempt the Project from CEQA review was approved by City Council on January 25, 2022.

FISCAL IMPACT
There is no additional cost to the City other than staff time and expense.

COORDINATION
This report has been coordinated with the City Attorney’s Office, Silicon Valley Power, and the Water Department.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the City of Santa Clara Printed on 6/30/2022Page 1 of 2
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22-502 Agenda Date: 7/5/2022
public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Adopt a Resolution Ordering the Vacation of a Pole Line Easement, Anchor Easement, and Portion of Public Utility Easement at 3941 Stevens Creek Boulevard [APN 294-39-010 (2021-22); SC 22- 0011]; and

2. Authorize the recordation of the Resolution.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution
City of Santa Clara Printed on 6/30/2022Page 2 of 2
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Resolution ordering the Vacation of Easements Page 1 of 3 Rev. 11/22/17; Typed:04-25-2022 SC22-0011

RECORD WITHOUT FEE PURSUANT
TO GOV’T CODE SECTION 6103
Recording Requested by:

Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov’t Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER’S USE] RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA
CLARA, CALIFORNIA, ORDERING THE VACATION OF $

POLE LINE EASEMENT, ANCHOR EASEMENT, AND
PORTION OF PUBLIC UTILITY EASEMENT AT 3941
STEVENS CREEK BOULEVARD [APN 294-39-010
(2021-22)]
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara currently possesses D Pole Line Easement, Anchor Easement and Public Utility Easement described in Exhibit A and shown on Exhibit B, which Exhibits are incorporated herein by reference. Said Easements were dedicated by those certain documents as mentioned in said Exhibits; and,
WHEREAS, pursuant to Section 8333 of the California Streets and Highways Code, the City Council “may summarily vacate a public service easement” in any of the following cases:
(a) The easement has not been used for th e purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.

Resolution ordering the Vacation of Easements Page 2 of 3 Rev. 11/22/17; Typed:04-25-2022 SC22-0011
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That said Easements shown in said Exhib its have been superseded by relocation, or determined to be excess by the easement holders, and there are no other public facilities located within the easements.

2. That said Easements described and shown in said Exhibits in the City are hereby vacated pursuant to California Streets and Highways Code Section 8333.

3. That the vacation hereby releases all easement rights and interest of the City referred in said Exhibits to the current property owner(s).
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Resolution ordering the Vacation of Easements Page 3 of 3 Rev. 11/22/17; Typed:04-25-2022 SC22-0011

4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: __________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Exhibits A, B
K:\Engineering\Engineering\5-LPD\DOC\SC22-0011 Res vac easements.doc 4670 Willow Road
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CITY OF SANTA CLARA

CITY OF SAN JOSE

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(120' WIDE PUBLIC R/W)
P.U.E.
679 PM 32
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5579 OR 76

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SHEET OF
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-774 Agenda Date: 7/5/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the Governor’s Proclaimed COVID State of Emergency

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 which suspended the Brown Act teleconferencing requirements so that legislative bodies could hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long legislative bodies followed a set of requirements for noticing the meeting agenda and public participation, among other things. Subsequently on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunset the Brown Act provisions of Executive Order N-29-20 on September 30, 2021.

On September 16, Governor Newsom signed AB 361 into law which allows local agencies to use teleconferencing without complying with specific Brown Act restrictions in certain state emergencies until January 1, 2024, at which point they are to be repealed, and the standard Brown Act teleconference requirements become effective again. The bill was an urgency measure, and it went into effect immediately.

On October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, April 5, 2022, May 10, 2022, and June 7, 2022 the City Council approved Resolutions Nos. 21-9013, 21-9023, 21-9038, 22-9042, 22-9051, 22-9058, 22-9067, 22-9087, and 22-XXXX respectively, to allow City Legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

DISCUSSION
AB 361 amended Government Code Section 54943 to allow a local agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency’s jurisdiction during a Governor-proclaimed state of emergency in certain circumstances.

In order for a local agency to utilize AB 361’s exemption to the Brown Act, there must be certain emergency conditions present. These include:

City of Santa Clara Printed on 6/30/2022Page 1 of 4
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22-774 Agenda Date: 7/5/2022
· There being a state-proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
· The Council is meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, that meeting in person would present imminent risks to the health and safety of attendees; or
· The Council is meeting during a proclaimed state of emergency and has determined, by majority vote, that in-person meetings would pose health and safety risks to attendees.

In order for the City’s legislative bodies to continue meeting remotely with the exemptions to the Brown Act provided for under AB 361, the Council is required to take certain actions, most of which the City is already implementing:
· The City must continue providing notice of meetings and continue to post agendas as the Brown Act requires to the agency’s website,
· The City must continue allowing for public access to the meeting, while allowing for a public comment period to directly address the legislative body pursuant to Brown Act’s other teleconferencing provisions,
· The City must continue giving notice for how the public can access the meeting and provide public comment, including a call-in or internet-based service option (no physical location required),
· The City must continue providing the public with the opportunity to comment in real time (with the option of additionally allowing comments to be submitted in advance, if the agency desires),
· The City must stop the meeting until public access is restored in the event of a service disruption, and
· No later than 30 days after the first teleconferencing meeting and every 30 days thereafter, the Council will have to reconsider the circumstances of the state of emergency to determine if remote meeting procedures need to remain in place.

The legislative body must make certain findings by majority vote every 30 days to continue using the AB 361 Brown Act teleconferencing requirements. Because the City Council approved Resolution No. 90XX will expire on July 6, 2022. The City Council must adopt a new resolution in order to continue meeting remotely. Failure to approve this resolution would result in City Council, boards, and commissions meetings being unable to meet fully virtual without exposing the locations of each member’s location on the posted agendas.

Beginning on March 11, 2020 and continuing every 60 days thereafter, the City Council has continued its proclamation of local emergency based on substantial evidence that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID-19.

On September 21, 2021, the Santa Clara County Public Health Officer recommended that public bodies continue to meet remotely to the extent possible due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings, and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission. On November 2, 2021, emergency use of the Pfizer COVID vaccine was authorized for children ages 5-11. On that same day, Santa Clara county moved back into the substantial (orange) COVID-19 transmission tier. On November 22, 2021, Santa Clara county moved to the moderate (yellow) COVID-19 transmission tier. On November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public City of Santa Clara Printed on 6/30/2022Page 2 of 4
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22-774 Agenda Date: 7/5/2022
health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines. On December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide seven- day average case rate and 14% increase in hospitalizations since Thanksgiving. In light of the rapid surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higher- risk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings. As of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated. On February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Santa Clara County Public Health Officer continues to recommend that all persons continue to wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. As of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S. On March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people. As of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another wave of the pandemic, although not resulting in an increase in hospitalizations. On April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties. On May 10, 2022, Santa Clara County’s Health Officer Dr. Sara Cody warned that COVID case counts and hospitalizations are on the increase, with a weekly average of 552 cases and 80 to 100 people currently hospitalized, and urged everyone to consider wearing masks in high-risk settings, keep a stockpile of tests, and exercise caution when socializing indoors. On May 13, 2022, Bay Area health officers from the counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Sonoma and the City of Berkeley urged residents to wear face masks in indoor public settings as COVID-19 infections driven by highly contagious virus variants multiply throughout the region. As of May 31, 2022, new coronavirus cases in California increased 13.2% from the prior week and California ranked 10th among the states where coronavirus was spreading the fastest on a per person basis. As of June 13, 2022, new COVID-19 cases in California rose 32.3% from the prior week with 128,893 new cases, with California ranking fourth among the states where COVID-19 was spreading the fastest on a per-person basis, and Santa Clara County with the highest worst weekly outbreaks on a per-person basis. On June 15, 2022, an advisory panel to the FDA voted unanimously to recommend the Pfizer and Moderna COVID-19 vaccines for children ages five and younger. On June 18, 2022, the CDC and federal regulators authorized the Pfizer-BioNTech vaccine for children ages six months through four years old and the Moderna vaccine for children ages six months through five years old starting June 21, 2022. These associated emergency conditions are on-going and there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency. The state of emergency continues to directly impact the ability of the City of Santa Clara Printed on 6/30/2022Page 3 of 4
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22-774 Agenda Date: 7/5/2022
City’s legislative bodies to meet safely in person, and City officials continue to impose or recommend public health safety measures.

It is recommended that the Council adopt a resolution to make requisite findings to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically so long as the state of emergency and social distancing measures continue. The Council will have to take action on a monthly basis to reassess and reaffirm such findings to continue meeting remotely.

The proposed Resolution is attached.

FISCAL IMPACT
There is no fiscal impact other than administrative time and expense.

COORDINATION
This report has been coordinated with the City Manager’s Office, City Attorney’s Office, and City Clerk’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to Council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution finding the existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

Reviewed by: Nadine Nader, Assistant City Manager
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution
City of Santa Clara Printed on 6/30/2022Page 4 of 4
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Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 1 of 5 Rev: 11/22/17

RESOLUTION NO. _

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
FINDING THE EXISTENCE OF THE NEED TO EXTEND AB 361

IMPLEMENTATION TO ALLOW CITY LEGISLATIVE BODIES TO

HOLD PUBLIC MEETINGS SOLELY BY TELECONFERENCE OR
OTHERWISE ELECTRONICALLY PURSUANT TO AB 361

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara is committed to preserving and nurturing public access and participation in meetings of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees and Commissions, Taskforces, and Other City Advisory Entities; WHEREAS, all meetings of City of Santa Clara’s legislative bodies are open and public, as required by the Ralph M. Brown Act (California Government Code Sections 54950, et seq., hereinafter referred to as the “Brown Act”), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; WHEREAS, the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction;
WHEREAS, on March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 ----
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which suspended the Brown Act teleconferencing requirements so that legislative bodies can hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted 72 hours in advance indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunsets the Brown Act provisions of Executive Order N-29-20 on September 30, 2021; WHEREAS, on September 16, 2021, Governor Newsom signed urgency ordinance AB 361 which allows a local agency to use teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during a Governor-proclaimed state of emergency pursuant to California Government Code Section 8625 et seq, if the state of emergency continues to directly impact the ability of the members of its legislative bodies to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing; WHEREAS, in light of the continued state of emergency related to COVID-19, the Santa Clara County Public Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws, as outlined in their “Recommendation Regarding Continued Remote Public Meetings of Governmental Entities” issued on September 21, 2021;
WHEREAS, on October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, April 5, 2022, May 10, 2022, and June 7, 2022, the City Council approved Resolutions Nos. 21-9013, 21-9023, 21-9038, 22-9042, 22-9051, 22-9058, 22-9067, 22-9087, and 22-9096 respectively, to allow City Legislative bodies to hold public Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 3 of 6 Rev: 11/22/17

meetings solely by teleconference or otherwise electronically pursuant to AB 361; WHEREAS, on November 2, 2021, federal, state and local health officials authorized emergency use of the Pfizer COVID vaccine for children ages 5-11, and may consider emergency authorization of the COVID vaccine for children under age 5 within the next few months;
WHEREAS, on November 22, 2021, Santa Clara County moved into the moderate (orange) COVID-19 transmission tier;
WHEREAS, on November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines; WHEREAS, on December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide seven-day average case rate and 14% increase in hospitalizations since Thanksgiving;
WHEREAS, in light of the rapid surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higher-risk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings; WHEREAS, as of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated;
WHEREAS, on February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 4 of 6 Rev: 11/22/17

Santa Clara County Public Health Officer continues to recommend that all persons continue to wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. While Santa Clara County has met the required masking metrics (80% of the population vaccinated, COVID-19 hospitalizations in the jurisdiction are low and stable, seven consecutive days with the seven-day rolling average of new cases at 550 or below) to transition to a strong recommendation for indoor masking, the county remains in the “medium” level of the Centers for Disease Control and Prevention’s new COVID-19 community level framework;
WHEREAS, as of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S; WHEREAS, on March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people; WHEREAS, as of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another wave of the pandemic, although not resulting in an increase in hospitalizations; WHEREAS, on April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties; WHEREAS, as of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S.; WHEREAS, on March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people; WHEREAS, as of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 5 of 6 Rev: 11/22/17

wave of the pandemic, although not resulting in an increase in hospitalizations; WHEREAS, on April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties; WHEREAS, on May 10, 2022, Santa Clara County’s Health Officer Dr. Sara Cody warned that COVID case counts and hospitalizations are on the increase, with a weekly average of 552 cases and 80 to 100 people currently hospitalized, and urged everyone to consider wearing masks in high-risk settings, keep a stockpile of tests, and exercise caution when socializing indoors;
WHEREAS, on May 13, 2022, Bay Area health officers from the counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Sonoma and the City of Berkeley urged residents to wear face masks in indoor public settings as COVID-19 infections driven by highly contagious virus variants multiply throughout the region;
WHEREAS, as of May 31, 2022, new coronavirus cases in California increased 13.2% from the prior week and California ranked 10th among the states where coronavirus was spreading the fastest on a per person basis; WHEREAS, on June 3, 2022, due to the continued increase in positive COVID-19 cases in the City employee workforce and local community, the City extended the mandatory mask mandate for all City employees, regardless of vaccination status, through July 1, 2022;
WHEREAS, as of June 13, 2022, new COVID-19 cases in California rose 32.3% from the prior week with 128,893 new cases, with California ranking fourth among the states where COVID-19 was spreading the fastest on a per-person basis, and Santa Clara County with the highest worst weekly outbreaks on a per-person basis;
WHEREAS, on June 15, 2022, an advisory panel to the FDA voted unanimously to recommend the Pfizer and Moderna COVID-19 vaccines for children ages five and younger; WHEREAS, on June 18, 2022, the CDC and federal regulators authorized the Pfizer-BioNTech Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 6 of 6 Rev: 11/22/17

vaccine for children ages six months through four years old and the Moderna vaccine for children ages six months through five years old starting June 21, 2022; WHEREAS, Government Code Section 54953(e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing without complying with the agenda posting and public comment requirements at least once every thirty (30) days until Governor terminates the state of emergency; and,
WHEREAS, the associated emergency conditions are on-going and there is a need to teleconference for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency and if approved, will be in effect for 30 days and will expire on August 4, 2022 unless staff returns to City Council on or before August 4, 2022 to request to continue the need for teleconferencing.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 22-9096 adopted on June 7, 2022 and incorporated herein by reference, are on-going.

2. That the City Council finds that there is a need to teleconference for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.

3. That the City Council finds that the state of emergency continues to directly impact the ability of members of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 7 of 6 Rev: 11/22/17

and Commissions, Taskforces, and Other City Advisory Entities to meet safely in person.

4. That City officials continue to impose or recommend measures to promote social distancing in City facilities.

5. That members of the City Council, Council Committees, City Decision-Making Bodies, City Boards (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), Committees and Commissions, Taskforces, and Other City Advisory Entities are authorized to use teleconferencing, or other electronic means, to hold its public meetings without noticing the teleconferenced locations on the agenda, without making teleconferenced or physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City’s jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations, in compliance with AB 361, Government Code Section 54953(e).

6. That the Assistant City Clerk is hereby directed to report to the City Council within thirty

(30) days on the need to further continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.

7. Effective Date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 8 of 6 Rev: 11/22/17

THEREOF HELD ON THE __ DAY OF _________ , 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-744 Agenda Date: 7/5/2022

REPORT TO COUNCIL

SUBJECT
Informational Report on 2022 Q1 & Q2 Legislative Updates

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On October 9, 2018, the City Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy (Attachment 1). The LAP Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government. The policy also provides guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.

On April 20, 2022, the City Council adopted ten (10) LAPs for 2022 on the following key issues:
· Broadband, Cable Services, and Wireless Facilities
· COVID-19 Legislation
· Energy Legislation, Regulations and Issues
· Housing
· Human Resources and Public Sector Employment
· Public Safety
· Regional Issues and Collaboration
· Sustainability and Environmental Protection
· Transportation Issues
· Water Supply and Conservation
In addition to requiring the City Council to adopt or update LAPs annually to identify specific legislative priorities, the LAP Policy also requires staff to provide quarterly legislative updates on public policy items of interest to the Council and provide Council copies of letters or summary of actions on legislative items.

The City has an existing agreement with Townsend Public Affairs for state and federal legislative advocacy services, which includes tracking and monitoring legislation and advocating the City’s position on various legislation at the State and federal levels of government. This update provides information on such legislation.

DISCUSSION
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Since the start of the calendar year, staff and Townsend Public Affairs have been tracking and monitoring various legislative items. The 2022 Q1 & Q2 legislative tracking matrix summarizes State priority legislation (Attachment 2). The bills are grouped by their aligned LAP, guiding principle for legislative advocacy or approved City policy (e.g., City Council Goals and Priorities), and a summary has been provided for each bill.

The LAP Policy states, “Letters and other communications expressing the City’s position on legislation will customarily bear the signature of the Mayor in accordance with City Charter Section 704.2 - 704.3. If the legislation’s principal impact affects the City’s operation, the communication may be signed by the City Manager.” The City has taken action on some of the issues that are outlined below (e.g. submitted a letter of support, opposition, or oppose unless amended, voted at a Cities Association Legislative Action Committee meeting, etc.). Those actions are documented in the 2022 Q1 & Q2 Legislative Action Summary (Attachment 3).

Below are legislative updates from Townsend Public Affairs:

State Legislature
The spring has been very busy in Sacramento as legislators addressed several regular deadlines, such as the development of the new state budget and moving bills through policy and fiscal committees, as well as several unanticipated developments, such as potential changes to the Assembly Speakership, with Assembly Member Robert Rivas announcing that he had secured enough votes from the Democratic Caucus to replace the Current Speaker, Anthony Rendon. Below is an overview of recent state legislative developments.

The month of May featured two major legislative deadlines that bills needed to pass in order to advance to the second house: the fiscal committee deadline, and the house of origin deadline.

On May 19th, both the Senate and Assembly Appropriations Committees held their “suspense file” hearings, wherein hundreds of bills were held under submission and will not move forward for the remainder of the Legislative Session. The appropriations suspense process was borne out of a desire for fiscal prudence, and essentially serves as a filter for the hundreds of bills introduced each year that are deemed to have a significant fiscal impact on the state’s finite resources. Bills may be held under submission for a number of reasons - their structure may be duplicative to existing budget spending proposals, bill authors may have identified other bills within their portfolio as having a greater priority, or a bill may be deemed politically unfeasible for a number of reasons.

Suspense file hearings are done in rapid speed, with Appropriations Chairs reading the outcomes of hundreds of bills. This year, the Assembly Appropriations Suspense file featured 601 bills, of which 175 were held under submission (29%). The Senate Appropriations Suspense file featured 358 bills, of which 48 bills were held under submission (13%).

Because May’s suspense file hearings mark the first iteration of two such hearings, more bills tend to pass out of their house of origin’s suspense file than the suspense file hearing in the second house.

This can be somewhat attributed to political favorability of bills authored by colleagues within the same house.

Following the outcomes of the suspense file hearings, the last week of May featured another major legislative hurdle for bills - the house of origin deadline. The House of Origin deadline marks the last City of Santa Clara Printed on 6/30/2022Page 2 of 11
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day for any bill introduced in the Senate or Assembly to pass off the floor and into the second house for consideration. Typically, most bills that advance out of the Appropriations Committees and to the Floor receive favorable consideration and this was the case again this year with only a handful of bills failing to pass out of their House of Origin.

With the passing of the House of Origin deadline, the Legislature will have a dual focus for the upcoming month, as they look to finalize the state budget, as well as advance policy bills through the Second House policy committee deadline.

State Budget
On May 13, Governor Newsom released the May Revision of his budget proposal for the 2022-2023 fiscal year. The “May Revise” edition of the budget framework reflects revised revenue and expenditure estimates for both the current and budget years and allows the Administration and the Legislature to reconcile and reconfigure spending plans appropriately.

In total, the updated spending plan includes $300.7 billion in total spending, reflecting a 5% increase from January’s total spending plan of $286 billion. In the spirit of fiscal prudence, Governor Newsom iterated that 99% of new programs included in the May Revise would utilize one-time spending formulas because ongoing programs can be difficult to fund in the long-term.

In what was perhaps the most astonishing revelation from the May Revise presentation, the Governor announced that the state had a $97 billion-dollar projected surplus - up over $50 billion dollars from January’s projected surplus of $45.7 billion. To put this into perspective, it was just 20 years ago that the state’s entire budget hit $100 billion for the first time. Now, the surplus is almost that much, in an over $300 billion spending plan. Of the $97 billion surplus, $49.2 billion is marked for discretionary use.

Despite this massive revenue growth, the Legislative Analyst’s Office (LAO) cautions that the implications of unanticipated revenues for the state's budget are not straightforward, and that the state should anticipate significant spending constraints due to the requirements of the State Appropriations Limit (SAL). Having reached the Proposition 4 (1979) SAL, each additional dollar of revenue must be allocated consistent with SAL requirements, generally making them unavailable to fund baseline expenditures. In addition, the state must allocate its statutorily dedicated percentages of funds toward education, reserve, and debt payments, consistent with provisions pursuant to Propositions 98 (1988) and 2 (2014). The LAO estimates that for every dollar of tax revenue above the SAL, the state faces approximately $1.60 in constitutional funding obligations. This is expected to materialize into major budget issues during the 2025-26 fiscal year, if not met with SAL reform or other resilience-enhancing actions.

Regarding the state’s reserve accounts, the Governor announced the May revise projects a total of $37.1 in total reserves, broken down into the following accounts:
· $23.3 Billion in the Rainy-Day Fund,
· $9.5 billion in the School Stabilization Reserve,
· $3.4 billion in the Operating Reserve; and
· $900 million in the Safety Net Reserve.

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While January’s proposed budget framework focused on addressing what Governor Newsom referred to as “California’s five existential threats” which included addressing the COVID-19 crisis and investments in climate resiliency, the rising cost of living, homelessness, and public safety, the May Revise doubled down on the issues of the rising cost of living, infrastructure investments, and climate resiliency.

As global inflation and war in Europe drive up costs across the country, the Governor is proposing an $18.1 billion inflation relief package to get money back into the pockets of Californians and bring down costs for families. The package includes an additional $2.7 billion in rental relief and utility bill assistance, $400 rebates to offset the rising cost of gas, stipends to nursing and hospital staff, family fee waivers for childcare, and more.

In addition to the inflation relief package, another top spending adjustment was made to the Climate resiliency package, which the Governor now touts as comprising $47.1 billion in total spending. The May Revise built upon recent investments and proposed increasing funding for drought mitigation, wildfire and forest protection, and energy storage and capacity.

Noticeably absent from the May Revise were typically massive investments in housing and transportation. During his presentation, Governor Newsom mentioned that “local governments have received unprecedented support in terms of flexible dollars” and that the allocation of future flexible dollars will depend on local governments’ ability to meet accountability metrics - with special attention focused on the Homekey, Encampment Resolution Grants, and CARE Court programs. While his revised Budget proposes $500 million in additional encampment resolution grant dollars and $150 million in new Homekey funds, the Senate’s budget priorities outline an additional $3 billion in HHAP funds over a three-year period. It is likely that negotiations between the Governor, Senate, and Assembly will result in a modification of the Senate’s proposed allocation to HHAP.

With regard to transportation funding, the Governor’s presentation glossed over the topic entirely.

However, May Revise budget summary documents reveal that the Governor’s updated plan proposes an additional $500 million for the Active Transportation Program, along with $750 million in incentive grants to transit and rail agencies to provide free transit for Californians for three months. The other major modification to the transportation spending package includes directives for the spending of funds provided via the Federal Infrastructure Investment and Jobs Act (IIJA). Last year, the Governor and the Legislature failed to reach a deal on transportation package funds due to a disagreement on the use of Proposition 1A funds for the high-speed rail project. While the January budget framework accounted for massive investments in high-speed rail, the May Revision notably did not reconfigure these proposed investments. It is likely that negotiations on the transportation spending package are currently happening behind the scenes. Even more, the California Transportation Agency noted it would not be holding a budget briefing for the May Revise because not enough had changed from January’s proposed investments to warrant a new briefing.

Following internal negotiations and informational budget hearings, the Assembly and Senate will release their implementing budget language within their chosen budget vehicles - AB 1624 for the Assembly and SB 840 for the Senate. It is important to note that the budget process will include reconciliation between the Governor’s, Assembly’s, and the Senate’s versions.

Below is a high-level overview of proposed expenditures, organized by issue area:

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Inflation Relief Package ($18.1 billion total new investments) · $11.5 billion: Tax Refunds
· $2.7 billion: Emergency Rental Assistance (Bringing total amount of dispersed rental assistance to $8.1 billion)
· $1.4 Billion: Helping people pay utility bills
o $1.2 billion for electricity
o $200 million for water
· $933 million: Health care worker retention stipends
o $1,500 payments to hospital and nursing home staff
· $750 million: Free Public Transit for three months
· $439 million: 12-month pause on diesel tax
· $304 million: Middle class health care subsidies
· $157 million: Fee waivers for childcare (savings up to $595 per month) Housing and Homelessness
· $500 million: Adaptive re-use projects: Converting malls and office buildings into housing · $500 million in Encampment Clean Up Grants
· $500 million: Crisis Response/Interim Housing (i.e., Tiny Homes) · $125 million: Additional Homekey funds
· $3 million: Transitional housing to youth discharged from CDCR's Division of Juvenile Justice by the Board of Juvenile Hearings in 2022-23
· HHAP funding: No additional funds, however, pursuant to 2021 budget allocations, $1 billion is currently available for 2022-23. The Governor wishes to see tangible “accountability data” revealing effective use of funds to extend HHAP allocations in future budget cycles.

Public Safety
Building off January Investments, the May Revise includes an additional $193 million in Spending for the following programs:
· Fentanyl task force at DOJ
· Combatting cartel fentanyl trafficking
· Victim’s services
· Officer wellness
· Child se trafficking/exploitation
· Missing and murdered Indigenous persons
· Nonprofit security grants
Climate Resiliency:
· Total Commitment: $47.1 billion
o 2021-22 Budget investments: $15.1 billion
o January budget framework: $22.5 billion
o May: Additional $9.5 Billion
Climate Resiliency (Drought: $1.3 billion in new proposed spending):
· Total $7.2 billion
o $5.2 billion: 2021-22
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o $750 million: January
o $1.3 billion: May
· $1.3 billion in additional May Revise funds for the following projects:
o $533 million: Drought Relief projects, food assistance for farmworkers o $530 million: Water recycling, groundwater cleanup, clean water projects o $280 million: habitat/nature-based solutions to address drought impacts on fish and wildlife, habitat, and water resilience projects
o $187 million: agricultural and water conservation practices Climate Resiliency (Wildfire and Forest Protection: $233 million in new proposed spending) · $1.5 billion: 2021-22
· $1.2 billion + $648 million: January
· $233 million: May
· $233 million in additional May Revise funds for the following projects:
o $104 million: Fire crews - CA Conservation Corps and Military o $83 million: 2022 Fire Season Augmentation
o $37 million: Mission Operations Support
o $9 million: Air Attack Staffing
Climate Resiliency (Energy: $8 billion included in new spending in the May Revise) · $5.2 billion: Strategic Electricity Reliability Reserve · $1.2 billion: Energy bill supports (utility arrearages) · $970 Million: Accelerate renewable energy development - residential solar and storage systems
· $225 million: New Electricity transmission, including from Salton Sea Transportation:
· $500 million: Active Transportation Program
· $750 million: incentive grants to transit and rail agencies to provide free transit for Californians for three months
· $50 million (annually): To Caltrans to administer and implement the state and local transportation funding provided by the IIJA
· $144 million: Add 626 positions to Caltrans to provide engineering and design support associated with the increased project workload
Jobs/Economy
· $2.1 billion: Grow and Relocate to California
o $1.05 billion: Clean Energy Grants (over a 4-year period) o $1.02 Billion: Cal Compensates tax credits and grants (over 5-year period) o $45 million: sales tax exemptions (over 3 years)
· $500 million in small business grants
· $450 in conformity expansion
· $439 million: Diesel sales tax pause
· $75 million: supporting agricultural businesses impacted by drought conditions City of Santa Clara Printed on 6/30/2022Page 6 of 11
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On June 13, the Legislature approved a budget bill, SB 154, which puts forth a plan for how the state will expend $300 billion over the next fiscal year. While the passage of this bill meets the Legislature’s constitutional obligation to approve a budget by June 15th, the bill does not represent a comprehensive budget agreement with the Newsom Administration. As such, negotiations over a complete budget package continue and a final budget will be implemented through additional budget trailer bills that are likely to materialize prior to the start of the new fiscal year on July 1. “Taxpayer Protection and Government Accountability Act” Proponents Announce They will not Move Forward with Measure for November Ballot
In May, the California Business Roundtable (CBRT) announced they will not be submitting signatures in time to get the “Taxpayer Protection and Government Accountability Act” on the November 2022 ballot. Instead, they will look to submit signatures so that the initiative can be place on the ballot in 2024.

The Taxpayer Protection and Government Accountability Act would amend the California Constitution to restrict the ability of the state, local governments, and the electorate to approve or collect taxes, fees, and other revenues. It would require voter approval of all state taxes, would further restrict local fee authority by limiting it to the “minimum amount necessary” to provide government services, and would require voter approval for local measures such as franchise fees. Its provisions would make it easier to challenge local revenue measures by increasing the burden of proof on local agencies while disallowing an agency’s characterization of a measure from being considered in court.

The measure would prohibit city charter amendments that provide for any revenue whatsoever from being submitted to the electorate. It would also prohibit local agencies from placing advisory measures on the same ballot as any general revenue measure and would raise the threshold for voter approval of local revenue measures proposed by initiative to two-thirds. Notably, the threshold to pass this measure is only by majority vote.

To be placed on the November 2024 ballot, the measure must garner no less than 997,139 valid signatures by August 2, 2022. On March 16, 2022, the Secretary of State’s Office reported that the measure gathered 25% of its required signatures, signaling the proponent’s campaign funding stability and momentum. However, with this news, the measure will no longer appear on the ballot for voter consideration.

State Water Board Moves to Increase Water Conservation Efforts Last month, the State Water Resources Control Board voted unanimously to implement a statewide ban on the watering of non-functional turf in the commercial, industrial, and institutional sectors, as well as regulations requiring local agencies to implement water use restrictions. These new regulations come amid projections that available water supplies may be 20% lower than average due to extreme weather conditions, which includes drought.

The regulation also requires all urban water suppliers to implement conservation actions under level two of their water shortage contingency plans. Level two water shortage contingency plans are meant to address up to a 20% shortage of water supplies. In addition to implementing level two actions, the regulation requires urban water suppliers to fast-track supply and demand assessments to plan for potential extended dry conditions. Level two actions often include limiting outdoor irrigation to certain days or hours, increasing patrolling to identify water waste, and increasing water conservation outreach communications. However, about half of the state’s 436 water suppliers (both urban water City of Santa Clara Printed on 6/30/2022Page 7 of 11
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retailers and wholesalers) have not yet activated level two, and 36 have not submitted drought plans.

Thus, the emergency regulation will require those suppliers who have not yet activated level two requirements to do so once the regulation becomes effective.

The approved regulation will be submitted to the Office of Administrative Law (OAL) for approval.

Legislative Leaders Address Gun Violence, Move Forward with Legislation Following the devastating school shooting in Uvalde, Texas, Senate Pro Tem Atkins and Assembly Speaker Rendon gathered with Governor Newsom in the Capitol last month to reaffirm their commitment to gun violence prevention and highlight California’s success in reducing firearm deaths while vowing to expedite more than a dozen bills currently in the Legislature. One of the bills on the list is SB 1327 by Senators Hertzberg and Portantino, which employs the same legal mechanism used in a Texas abortion ban to create a private right of action against makers and distributors of certain firearms, in the event those weapons are used illegally. The Governor announced he is working with the authors to add an urgency clause to the measure, which would make its provisions effective immediately. Other bills include AB 1621 by Assembly Member Gipson, which would crack down on ghost guns, AB 2571 by Assembly Member Bauer-Kahan which would restrict marketing of firearms to minors, and AB 1594 by Assembly Member Ting, which would allow the state attorney general and private citizens to sue manufacturers and sellers of firearms for the harm caused by their products.

Priority Legislation
The legislative deadlines to introduce legislation in the new session was February 18th. The Assembly and Senate combined to introduce over two thousand bills for consideration in 2022. Over the coming weeks, the two Houses will hold numerous policy committee hearings to consider these new proposals.

Below are the upcoming relevant dates for the Legislature:
· July 1st - Last day for Second House policy committees to pass bills · July 2nd to August 1st - Legislative Summer Recess
· August 12th - Last day for Second House fiscal committees to pass bills · August 31st - Last day to pass bills. Final recess begins upon adjournment As noted above, the City and Townsend are tracking State priority legislation as documented in Attachment 2.

Federal Legislative Updates
Below is an overview of federal legislative updates that transpired during the month of May.

President Biden Announces New Housing Supply Action Plan The White House announced actions they are taking with the goal of lowering housing costs. The Housing Supply Action Plan aims to create thousands of affordable housing units in the next three years. The complete announcement from the White House is included in the White House fact sheet below, with details on the actions being taken through executive action and actions being requested of Congress.

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Highlights of the action plan include the following:
· The Administration urges local governments to dedicate more of their American Rescue Plan funds to build affordable housing
· Biden officials will reward jurisdictions that have reformed zoning and land-use policies with higher scores when they apply for certain federal grants · The Administration wants to make it easier to re-use federal properties as housing for the homeless. New regulations will be issued this summer
· HUD, which oversees code for manufactured housing, will try to resolve inconsistencies with local codes by issuing waivers or by updating the code
· By the end of September, the administration will finalize “income averaging” regulations in the Low-Income Housing Tax Credit program to allow developers take the average of the income for some households in the property, as opposed to requiring each household to meet the same threshold
Update on 2022 Water Resources Development Act (WRDA)
Last month, the House Transportation and Infrastructure Committee advanced their 2022 Water Resources Development Act (WRDA) to authorize improvements to the nation’s waterways and investments in flood control and coastal resiliency projects. The biennial legislation is popular with both Democrats and Republicans as most have Corps projects within their states and districts.

Earlier in May, the Senate Environment and Public Works Committee advanced its WRDA legislation unanimously. It is likely the Senate will take up this legislation this summer, according to a staffer familiar with the negotiations.

The House and Senate bills are similar but not identical. Both seek to provide more assistance and resources to tribal communities and underserved community harbors to complete important water projects.
· The House bill does not create an advisory committee to provide advice and recommendations to the Corps on water resources projects, unlike the Senate bill. · The House bill would direct the Army Corps of Engineers to conduct 72 new feasibility studies to begin assessing projects’ risk and opportunities. It would also direct 8 studies to modify existing projects and authorize construction of 16 pending proposed projects. · The Senate bill would direct 36 new feasibility studies by the Army Corps of Engineers and authorize or modify 21 projects for construction.

The House will likely take up their bill this summer which will kick off a conference between the House and the Senate. Final passage is likely to occur during the lame duck session between the November election and the end of 2022.

Biden Administration Releases “Internet for All “Initiative Last month, the Biden-Harris Administration Launched a $45 Billion “Internet for All” Initiative to Bring Affordable, Reliable High-Speed Internet to Everyone in America The Internet for All initiative will invest $45 billion to provide affordable, reliable, high-speed internet for everyone in America by the end of the decade. The Initiative will be administered and implemented by the U.S. Department of Commerce’s National Telecommunications and Information City of Santa Clara Printed on 6/30/2022Page 9 of 11
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Administration (NTIA).

The Internet for All programs launched with three Notices of Funding Opportunity:
· Broadband Equity, Access, and Deployment (BEAD) Program ($42.5 billion); · Enabling Middle Mile Broadband Infrastructure Program ($1 billion); and, · State Digital Equity Act programs ($1.5 billion).

To participate in the BEAD Program, states and other eligible entities must submit a letter of intent and a planning funds budget, which will unlock $5 million in planning funds and allow states to begin creating their five-year action plan. Each state will have direct support from dedicated NTIA staff through every step of the process. Each participating state is guaranteed a minimum $100 million allocation, with additional funding determinations made based on the forthcoming coverage maps from the Federal Communications Commission. The Enabling Middle Mile Broadband Infrastructure Program will award grants on a technology neutral, competitive basis to eligible entities for the construction, improvement, or acquisition of middle-mile infrastructure. The launch of the State Digital Equity Planning Grant Program kicks off a series of Digital Equity Act steps that will invest $1.5 billion to heighten adoption and use, like digital literacy training, for those who need it most, including communities of color, rural communities, and older Americans.

The opportunities are the first half of programs that will allow for states and local communities to increase access to broadband infrastructure. These first programs offer opportunities for states to propose their plans for BEAD and middle mile programs. Direct opportunities for local communities will be announced later this year.

USDA Seeks to Address Infant Formula Shortage
As part of the Biden Administration’s coordinated drive to end the infant formula shortage, the U.S.

Department of Agriculture (USDA) is urging states to take advantage of flexibilities the department is offering in the Special Supplemental Nutrition Program for Women, Infants, and Children, commonly known as WIC, to help families get the safe formula they need. USDA’s Food and Nutrition Service (FNS) has reached out to states and announced a suite of flexibilities available, such as allowing states to broadly offer alternate sizes, forms, and brands of formula and allowing stores to accept exchanges of formula purchased with WIC benefits. USDA continues to work with WIC agencies as they review and implement these flexibilities, in coordination with their vendors and local offices.

USDA also asked WIC agencies to encourage families to exchange their recalled formula, issued reminders about options for returns and exchanges of recalled products, and posted several resources on infant formula safety including guidance for parents and caregivers In the last week of May, President Biden signed H.R. 7791 into law, which aims to ease the shortage for Special Supplemental Nutrition Program for Women, Infants and Children (WIC). Each state normally exclusively contracts with one of the four major baby formula companies to provide for WIC, but this legislation gives low-income parents the opportunity to use their government benefits to purchase more types of formula during emergencies. Senators have also urged Abbott Laboratories to extend WIC rebates across all infant formulas through the rest of the year without unnecessary directives.

ENVIRONMENTAL REVIEW
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Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The City’s three-year agreement with Townsend Public Affairs for state and federal legislative advocacy services is for an amount not to exceed $252,000. The services outlined in this report are included at no additional cost as part of the consultant’s monthly service fee.

COORDINATION
This report has been coordinated with Townsend Public Affairs and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to Council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Note and file the informational report on 2022 Q2 legislative updates.

Prepared by: Christine Jung, Assistant to the City Manager Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Legislative Advocacy Position Policy

2. 2022 Q1 & Q2 Legislative Tracking Matrix

3. 2022 Q1 & Q2 Legislative Action Summary
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City of Santa Clara
Policy and Procedure Manual

LEGISLATIVE ADVOCACY POSITION POLICY
PURPOSE To establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and to provide guidance for City officials who serve on regional, state, and nati
onal boards, committees, and commissions
when they are asked to review public policy matters and issues.

POLICY To attain a comprehensive review of legislation affecting cities, to obtain the Council position on proposed legislation, to make the City’s position known, and to maintain a record of pertinent information, the following guidelines shall be followed.

All legislative reviews are to be made on the basis of the effect on the City and citizens as a whole, and taking into account existing City posi tions, policies, or goals, rather than on the individual’s personal feelings.

The guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara. • Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Annually, Legislative Advocacy Positions ( LAP) shall be adopted or updated by the City Council at the beginning of the calendar year to identify specific legislative priorities outside of the legislative guiding principles listed above and posted on the City’s website.

PROCEDURE
FOR

EVALUATING
AND

SUPPORTING

LEGISLATIVE

ADVOCACY
Legislation and issues of interest are brought to the City’s attention through several means: the League of Cali
fornia Cities, the National League of
Cities, the Cities Association of Santa Clara County, Council Members, city staff, citizens, and professional or governmental organizations and legislators. All legislation or issues of interest are to be referred to the City Manager’s Office.

1. City Manager’s Office (CMO) reviews the proposed legislation and, if warrants, requests assistance from one or more departments.

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Santa Clara
The Center of What's Possible
LEGISLATIVE ADVOCACY POSITION POLICY (cont.)

2. CMO/Department evaluates the bill for its impact upon Santa Clara, recommends a position and potential action, and drafts a position statement or support/opposition letter.

3. If Council has previously adopted a policy directly relevant to the legislation or the proposed legislation is generally consistent with the City’s overall guiding principles for legislative advocacy or LAP, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the city as further detailed below.

4. If a Council policy relative to the legislation does not exist, the issue is politically controversial, or there is significant local interest in the issue, the proposed legislation including a recommendation to support, remain neutral, or not support the legislation is brought to Council for consideration.

5. Letters and other communications expressing the City’s position on legislation will customarily bear the signature of the Mayor in accordance with City Charter Section 704.2 – 704.3. If the legislation’s principal impact affects the City’s operation, the communication may be signed by the City Manager.

6. In order to keep the Council informed of all City communications on legislation, copies of the letter or summary of actions will be distributed to the City Council as information items in the Council Meeting Agendas.

7. Staff will provide and/or coordinate quarterly legislative updates on public policy items of interest to Council and departments.

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City of Santa Clara
2022 Q1 & Q2 Legislative Updates

AB 2748 (Holden D) Telecommunications: Digital Equity in Video Franchising Act of 2022.

Current Text: Amended: 6/16/2022 html pdf
Last Amend: 6/16/2022
Status: 6/16/2022-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C.

Location: 6/8/2022-S. E. U., & C.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would revise and recast the Digital Infrastructure and Video Competition Act of 2006 to, among other things, (1) rename the act as the Digital Equity in Video Franchising Act of 2022, (2) revise the definition of “gross revenue” for purposes of calculating the franchise fee for a local jurisdiction, (3) require a franchise applicant to submit a description of the households that are known to be unserved in the video service area footprint that is proposed by the applicant, (4) establish the policy of the state that subscribers and potential subscribers of a state video franchise holder should benefit from equal access, as defined, to service within the service area and prohibit a cable operator or video service provider that has been granted a state franchise from denying equal access to service to any group of potential residential subscribers because of the income of the residents in the local area in which the group resides, and (5) repeal the maximum amount of fine that could be assessed for a violation of the equal access requirement.

AB 1751 (Daly D) Workers’ compensation: COVID-19: critical workers.

Current Text: Introduced: 2/1/2022 html pdf
Status: 6/8/2022-Referred to Com. on L., P.E. & R.

Location: 6/8/2022-S. L., P.E. & R.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law defines "injury" for an employee to include illness or death resulting from the 2019 novel coronavirus disease (COVID-19) under specified circumstances, until January 1, 2023.

Existing law create a disputable presumption, as specified, that the injury arose out of and in the course of the employment and is compensable, for specified dates of injury. Current law requires an employee to exhaust their paid sick leave benefits and meet specified certification requirements before receiving any temporary disability benefits or, for police officers, firefighters, and other specified employees, a leave of absence. Existing law also make a claim relating to a COVID-19 illness presumptively compensable, as described above, after 30 days or 45 days, rather than 90 days.

Current law, until January 1, 2023, allows for a presumption of injury for all employees whose fellow employees at their place of employment experience specified levels of positive testing, and whose employer has 5 or more employees. This bill would extend the above-described provisions relating to COVID-19 until January 1, 2025.

AB 2449 (Rubio, Blanca D) Open meetings: local agencies: teleconferences.

Current Text: Amended: 6/15/2022 html pdf
Last Amend: 6/15/2022
Status: 6/15/2022-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

Location: 6/8/2022-S. GOV. & F.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative Broadband, Cable Services, and Wireless Telecommunications Facilities LAP COVID-19 Legislation LAP

body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. This bill would revise and recast those teleconferencing provisions and, until January 1, 2028, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconference location be accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction.

AB 2647 (Levine D) Local government: open meetings.

Current Text: Amended: 4/19/2022 html pdf
Last Amend: 4/19/2022
Status: 6/20/2022-In committee: Set, first hearing. Hearing canceled at the request of author.

Location: 5/25/2022-S. GOV. & F.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions. Current law requires a local agency to make those writings distributed to the members of the governing board less than 72 hours before a meeting available for public inspection, as specified, at a public office or location that the agency designates. Current law also requires the local agency to list the address of the office or location on the agenda for all meetings of the legislative body of the agency. Current law authorizes a local agency to post the writings on the local agency’s internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. This bill would instead require a local agency to make those writings distributed to the members of the governing board available for public inspection at a public office or location that the agency designates and list the address of the office or location on the agenda for all meetings of the legislative body of the agency unless the local agency meets certain requirements, including the local agency immediately posts the writings on the local agency’s internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting.

AB 2693 (Reyes D) COVID-19: exposure.

Current Text: Introduced: 2/18/2022 html pdf
Status: 6/8/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 8).

Re-referred to Com. on APPR.

Location: 6/8/2022-S. APPR.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Occupational Safety and Health Act of 1973 authorizes the Division of Occupational Safety and Health to prohibit the performance of an operation or process, or entry into that place of employment when, in its opinion, a place of employment, operation, or process, or any part thereof, exposes workers to the risk of infection with COVID-19, so as to constitute an imminent hazard to employees. Current law requires a notice of the prohibition to be posted in a conspicuous location at the place of employment and makes violating the prohibition or removing the notice, except as specified, a crime. Current law requires that the prohibition be issued in a manner so as not to materially interrupt the performance of critical governmental functions essential to ensuring public health and safety functions or the delivery of electrical power, renewable natural gas, or water.

Current law requires that these provisions not prevent the entry or use, with the division’s knowledge and permission, for the sole purpose of eliminating the dangerous conditions. This bill would extend those provisions until January 1, 2025.

AB 561 (Ting D) Help Homeowners Add New Housing Program: accessory dwelling unit financing.

Current Text: Amended: 6/13/2022 html pdf
Last Amend: 6/13/2022
Status: 6/16/2022-Re-referred to Com. on RLS pursuant to Senate Rule 29.10(c). Re-referred to Com. on B. & F.I.

Location: 6/16/2022-S. B. & F. I.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Capital Access Loan Program to assist qualified small businesses in financing the costs of complying with environmental mandates and the remediation of Housing LAP

contamination on their properties, which is administered by the California Pollution Control Financing Authority. Under the program, the authority may enter into contracts with participating financial institutions and is required to establish a loss reserve account with each participating financial institution. Under the program, a participating financial institution that experiences a default on a qualified loan enrolled in the Capital Access Loan Program may obtain reimbursement from the authority by submitting a claim for reimbursement for a specified amount of the loss covered by that loan, subject to certain procedures. This bill, upon appropriation by the Legislature, would require the office of the Treasurer to establish and administer the Help Homeowners Add New Housing Program for the purpose of protecting participating financial institutions, as defined, from default on loans provided to a qualified homeowner to construct an accessory dwelling unit.

AB 682 (Bloom D) Planning and zoning: density bonuses: shared housing buildings.

Current Text: Amended: 6/6/2022 html pdf
Last Amend: 6/6/2022
Status: 6/14/2022-From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 7. Noes 0.) (June 13). Re-referred to Com. on GOV. & F.

Location: 6/14/2022-S. GOV. & F.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, specified percentages of units for moderate-income, lower income, or very low income households and meets other requirements. This bill would additionally require that a density bonus be provided under these provisions to a developer who agrees to construct a housing development that is a shared housing building, as defined, that meets specified requirements and will contain either 10% of the units for lower income households, as defined, or 5% of the units for very low income households, as defined.

The bill would specify that a shared housing building will only be eligible for one waiver or reduction of development standards, as specified, unless the city, county, or city and county agrees to additional waivers or reductions of development standards.

AB 916 (Salas D) Zoning: accessory dwelling units: bedroom addition.

Current Text: Amended: 6/20/2022 html pdf
Last Amend: 6/20/2022
Status: 6/20/2022-Read second time and amended. Re-referred to Com. on GOV. & F.

Location: 6/13/2022-S. GOV. & F.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.

AB 2011 (Wicks D) Affordable Housing and High Road Jobs Act of 2022.

Current Text: Amended: 6/14/2022 html pdf
Last Amend: 6/14/2022
Status: 6/14/2022-From committee chair, with author's amendments: Amend, and re-refer to committee.

Read second time, amended, and re-referred to Com. on HOUSING.

Location: 6/2/2022-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would create the Affordable Housing and High Road Jobs Act of 2022, which would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including that all construction workers shall be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction.

AB 2097 (Friedman D) Residential, commercial, or other development types: parking requirements.

Current Text: Amended: 6/9/2022 html pdf
Last Amend: 6/9/2022
Status: 6/15/2022-From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 5. Noes 0.) (June 15). Re-referred to Com. on HOUSING.

Location: 6/15/2022-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit a public agency from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on any of specified residential, commercial, or other development types if the project is located within 1/2 mile of public transit, as defined. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. The bill, notwithstanding the above provisions, would also require the development project to provide parking, as required by local ordinance, for employees and other workers of hotels, motels, bed and breakfast inns, transient lodgings, and event centers. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2023.

AB 2221 (Quirk-Silva D) Accessory dwelling units.

Current Text: Amended: 6/6/2022 html pdf
Last Amend: 6/6/2022
Status: 6/14/2022-From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 8. Noes 0.) (June 13). Re-referred to Com. on GOV. & F.

Location: 6/14/2022-S. GOV. & F.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Current law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage.

AB 2234 (Rivas, Robert D) Planning and zoning: housing: postentitlement phase permits.

Current Text: Amended: 6/8/2022 html pdf
Last Amend: 6/8/2022
Status: 6/15/2022-From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 5. Noes 0.) (June 15). Re-referred to Com. on HOUSING.

Location: 6/15/2022-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Permit Streamlining Act requires public agencies to approve or disapprove of a development project within certain specified timeframes. Current law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive ofimpact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website. This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024.

The bill would define “local agency” for these purposes to mean a city, county, or city and county. No later than January 1, 2024, except as specified, the bill would require a local agency to require permits to be applied for, completed, and retrieved by the applicant on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established.

The bill would require the internet website to list the current processing status of the applicant’s permit by the local agency, and would require that status to note whether it is being reviewed by the agency or action is required from the applicant.

AB 2357 (Ting D) Surplus land.

Current Text: Amended: 4/5/2022 html pdf
Last Amend: 4/5/2022
Status: 6/15/2022-In committee: Set, first hearing. Hearing canceled at the request of author.

Location: 6/1/2022-S. GOV. & F.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified. Under current law, if the local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. This bill would also require the department to maintain on its internet website a listing of all entities, including housing sponsors, that have notified the department of their interest in surplus land for the purpose of developing low- and moderate-income housing.

AB 2789 (Mullin D) Design-build projects: local agencies.

Current Text: Amended: 4/18/2022 html pdf
Last Amend: 4/18/2022
Status: 6/1/2022-Referred to Com. on GOV. & F.

Location: 6/1/2022-S. GOV. & F.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, until January 1, 2023, authorizes the Midpeninsula Regional Open Space District and the Santa Clara Valley Open-Space Authority to use the design-build process for the construction of facilities or other buildings in those entities, as specified. The bill would modify and expand the purposes for which the process is authorized to include construction, restoration, and improvement of buildings and facilities, the construction, restoration, and improvement of public access and recreation facilities, and prescribed nature-based infrastructure projects within the entity. The bill would similarly authorize the East Bay Regional Park District to use the design-build process.

ACA 1 (Aguiar-Curry D) Local government financing: affordable housing and public infrastructure: voter approval.

Current Text: Introduced: 12/7/2020 html pdf
Status: 4/22/2021-Referred to Coms. on L. GOV. and APPR.

Location: 4/22/2021-A. L. GOV.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements.

ACA 7 (Muratsuchi D) Local government: police power: municipal affairs: land use and zoning.

Current Text: Introduced: 3/16/2021 html pdf
Status: 3/17/2021-From printer. May be heard in committee April 16.

Location: 3/16/2021-A. PRINT
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would provide that a county or city ordinance or regulation enacted under the police power that regulates the zoning or use of land within the boundaries of the county or city would prevail over conflicting general laws, with specified exceptions. The measure, in the event of the conflict with a state statute, would also specify that a city charter provision, or an ordinance or regulation adopted pursuant to a city charter, that regulates the zoning or use of land within the boundaries of the city is deemed to address a municipal affair and prevails over a conflicting state statute, except that the measure would provide that a court may determine that a city charter provision, ordinance, or regulation addresses either a matter of statewide concern or a municipal affair if it conflicts with specified state statutes. The measure would make findings in this regard and provide that its provisions are severable.

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ACA 14 (Wicks D) Homelessness and affordable housing.

Current Text: Amended: 5/12/2022 html pdf
Last Amend: 5/12/2022
Status: 5/16/2022-Re-referred to Com. on APPR.

Location: 5/16/2022-A. APPR.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Constitution authorizes the development, construction, or acquisition of developments composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance, if a majority of the qualified electors of the city, town, or county in which the housing is proposed to be located approves the project by voting in favor thereof, as specified. This measure, the Housing Opportunities for Everyone (HOPE) Act, would create an account in the General Fund into which, beginning in the 2024– 25 fiscal year, and each fiscal year thereafter until September 30, 2033, a sum would be transferred from the General Fund equal to or greater than 5% of the estimated amount of General Fund revenues for that fiscal year, as specified. The measure would require the moneys in the account to be appropriated by the Legislature to the Business, Consumer Services, and Housing Agency, and would authorize that agency to expend the moneys to fund prescribed matters related to homelessness and affordable housing, including housing and services to prevent and end homelessness.

SB 897 (Wieckowski D) Accessory dwelling units: junior accessory dwelling units.

Current Text: Amended: 6/20/2022 html pdf
Last Amend: 6/20/2022
Status: 6/20/2022-From committee with author's amendments. Read second time and amended. Re- referred to Com. on L. GOV.

Location: 6/15/2022-A. L. GOV.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified.

SB 1338 (Umberg D) Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Current Text: Amended: 6/16/2022 html pdf
Last Amend: 6/16/2022
Status: 6/16/2022-From committee with author's amendments. Read second time and amended. Re- referred to Com. on JUD.

Location: 6/2/2022-A. JUD.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are suffering from schizophrenia spectrum and psychotic disorders and who meet other specified criteria. The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner’s assertion that the respondent meets the CARE criteria.

SCA 2 (Allen D) Public housing projects.

Current Text: Introduced: 12/7/2020 html pdf
Status: 5/11/2022-Coauthors revised. From committee: Be adopted and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (May 11). Re-referred to Com. on APPR.

Location: 5/11/2022-A. APPR.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Constitution prohibits the development, construction, or acquisition of a low-

rent housing project, as defined, in any manner by any state public body until a majority of the qualified electors of the city, town, or county in which the development, construction, or acquisition of the low-rent housing project is proposed approve the project by voting in favor at an election, as specified. This measure would repeal these provisions.

AB 399 (Salas D) The Medical Provider Network Transparency Act of 2022.

Current Text: Amended: 5/23/2022 html pdf
Last Amend: 5/23/2022
Status: 5/24/2022-In committee: Set, first hearing. Hearing canceled at the request of author.

Location: 5/4/2022-S. L., P.E. & R.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Current law also establishes the Workers’ Compensation Appeals Board (appeals board) to exercise all judicial powers vested in it, including workers’ compensation proceedings for the recovery of compensation. Current law authorizes an insurer, employer, or entity that provides physician network services to establish or modify a medical provider network for providing medical treatment to injured employees and imposes various duties upon the insurer, employer, or entity in connection with the network. Current law requires every medical provider network to post on its internet website a roster of all treating physicians in the medical provider network and requires every network to provide to the administrative director the internet website address of the network and of its roster of treating physicians. Current law requires an insurer, employer, or entity that provides physician network services to submit a plan for the medical provider network to the administrative director for approval. Current law requires the administrative director to adopt a medical treatment utilization schedule. Current law authorizes the administrative director to investigate complaints and to conduct random reviews of approved medical provider networks. Current law permits a medical provider to request an independent bill review for disputes relating to the amount of payment and authorizes the imposition of fees for this purpose, as specified.

This bill, the Medical Provider Network Transparency Act of 2022, would limit the independent bill review fee for the independent bill review organization to determine the eligibility of a request to $50 and would authorize additional fees, as specified, for a request that is reviewable. If the independent bill review organization finds that an employer owes the medical provider, the bill would require the independent bill review organization to bill the employer for the additional review fees, as specified.

SB 34 (Umberg D) Public contracts: authorized agent: limitations.

Current Text: Amended: 6/13/2022 html pdf
Last Amend: 6/13/2022
Status: 6/13/2022-From committee with author's amendments. Read second time and amended. Re- referred to Com. on A. & A.R.

Location: 6/6/2022-A. A. & A.R.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law governs the bidding and awarding of public contracts by public entities, as defined. Current law makes it a crime for a public official, as specified, to ask, receive, or agree to receive, any bribe, upon an understanding that their official vote, opinion, judgment, or action will be influenced thereby. This bill would declare a contract void that was entered into because of a violation of the above-described crime. The bill would specify that these provisions apply to contracts executed on or after January 1, 2023, including contracts negotiated prior to that date.

SB 931 (Leyva D) Deterring union membership: violations.

Current Text: Amended: 5/19/2022 html pdf
Last Amend: 5/19/2022
Status: 6/14/2022-From committee: Do pass and re-refer to Com. on P.E. & R. (Ayes 8. Noes 1.) (June 14). Re-referred to Com. on P.E. & R.

Location: 6/14/2022-A. P.E. & R.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Current law generally vests jurisdiction over violations of these provisions in Human Resources and Public Sector Employment LAP

the Public Employment Relations Board. This bill would authorize an employee organization, as described, to bring a claim before the Public Employment Relations Board alleging that a public employer violated the above-described provisions.

SB 1044 (Durazo D) Employers: state of emergency or emergency condition: retaliation.

Current Text: Amended: 6/13/2022 html pdf
Last Amend: 6/13/2022
Status: 6/13/2022-From committee with author's amendments. Read second time and amended. Re- referred to Com. on L. & E.

Location: 6/9/2022-A. L. & E.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit an employer, in the event of a state of emergency or an emergency condition, as defined, from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace within the affected area because the employee feels unsafe, except as specified. The bill would also prohibit an employer from preventing any employee, including employees of public entities, as specified, from accessing the employee’s mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to confirm their safety. The bill would require an employee to notify the employer of the state of emergency or emergency condition requiring the employee to leave or refuse to report to the workplace, as specified. The bill would clarify that these provisions are not intended to apply when an official state of emergency remains in place but emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worker, or the worker’s home have ceased.

SB 1127 (Atkins D) Workers’ compensation: liability presumptions.

Current Text: Amended: 6/13/2022 html pdf
Last Amend: 6/13/2022
Status: 6/13/2022-From committee with author's amendments. Read second time and amended. Re- referred to Com. on INS.

Location: 5/27/2022-A. INS.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

AB 988 (Bauer-Kahan D) Mental health: 988 crisis hotline.

Location: 6/6/2022-S. G.O.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current federal law, the National Suicide Hotline Designation Act, designates the 3-digit telephone number “988” as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline maintained by the Assistant Secretary for Mental Health and Substance Abuse and the Veterans Crisis Line maintained by the Secretary of Veterans Affairs. This bill would enact the Miles Hall Lifeline and Suicide Prevention Act. The bill would require the Office of Emergency Services to ensure, no later than July 16, 2022, that designated 988 centers utilize technology that allows for transfers between 988 centers as well as between 988 centers and 911 public safety answering points. The bill would require, no later than 90 days after passage of the act, the office to appoint a 988 crisis hotline system director, among other things. The bill would require, no later than July 1, 2024, the office to ensure interoperability between and across crisis and emergency response systems used throughout the state, as described. The bill would require the office to consult with specified entities on any technology requirements for 988 centers.

Public Safety LAP

AB 1014 (McCarty D) Cannabis: retailers: delivery: vehicles.

Current Text: Amended: 6/6/2022 html pdf
Last Amend: 6/6/2022
Status: 6/6/2022-From committee chair, with author's amendments: Amend, and re-refer to committee.

Read second time, amended, and re-referred to Com. on B., P. & E.D.

Location: 5/4/2022-S. B., P. & E.D.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally defines delivery to mean the commercial transfer of cannabis or cannabis products to a customer, requires the delivery of cannabis or cannabis products to be made only by a licensed retailer, microbusiness, or nonprofit, and establishes requirements for the delivery of cannabis and cannabis products, including that an employee of the licensee carry a copy of the licensee’s current license and a government-issued identification with a photo of the employee, such as a driver’s license. MAUCRSA establishes the Department of Cannabis Control for the administration and enforcement of its provisions. MAUCRSA requires the department to establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier and is capable of providing specified information. MAUCRSA requires the track and trace program to include an electronic seed to sale software tracking system with data points for the different stages of commercial activity, including, but not limited to, cultivation, harvest, processing, manufacturing, distribution, inventory, and sale. This bill would also require the electronic seed to sale software tr acking system to include delivery.

AB 1613 (Irwin D) Theft: jurisdiction.

Current Text: Amended: 5/23/2022 html pdf
Last Amend: 5/23/2022
Status: 6/8/2022-Referred to Coms. on PUB. S. and APPR.

Location: 6/8/2022-S. PUB. S.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would establish the jurisdiction of a criminal action brought by the Attorney General for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise, or the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses. The bill would extend jurisdiction to all associated offenses connected together in their commission to the underlying theft offenses.

AB 1653 (Patterson R) Property crimes: regional property crimes task force.

Current Text: Introduced: 1/14/2022 html pdf
Status: 6/20/2022-From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

Location: 6/20/2022-S. CONSENT CALENDAR
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment. This bill would specify theft of vehicle parts and accessories as a property crime for consideration by the regional property crimes task force.

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AB 1685 (Bryan D) Vehicles: parking violations.

Current Text: Amended: 4/6/2022 html pdf
Last Amend: 4/6/2022
Status: 6/15/2022-From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 13. Noes 1.) (June 14). Re-referred to Com. on HUMAN S.

Location: 6/15/2022-S. HUM. S.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires a processing agency to offer a payment plan for unpaid parking citations to qualified indigent persons. This bill would require a processing agency to forgive at least $1,500 in parking fines and fees annually for a qualified homeless person, as specified. The bill would also require a processing agency to provide certain information regarding the parking citation forgiveness program, as specified, including on its internet website. The bill would also require each processing agency that receives an application for the citation forgiveness program to annually report specified information to the California Interagency Council on Homelessness and would require the council to compile this data and submit an annual report to the Legislature.

AB 1740 (Muratsuchi D) Catalytic converters.

Current Text: Amended: 6/8/2022 html pdf
Last Amend: 6/8/2022
Status: 6/14/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 13). Re-referred to Com. on APPR.

Location: 6/14/2022-S. APPR.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires a core recycler, as defined, who accepts a catalytic converter for recycling to maintain a written record of specified information regarding the transaction, including the item type and quantity, amount paid for the catalytic converter, an identification number, if any, and the vehicle identification number, for not less than 2 years. Current law makes it a crime to violate these requirements. This bill would require a core recycler to include additional information in the written record, including the year, make, and model of the vehicle from which the catalytic converter was removed and a copy of the title of the vehicle from which the catalytic converter was removed. The bill would prohibit a core recycler from entering into a transaction to purchase or receive a catalytic converter from a person that is not a commercial enterprise, as defined, or a verifiable owner of the vehicle from which the catalytic converter was removed, as specified, and would make other conforming changes.

SB 1000 (Becker D) Law enforcement agencies: radio communications.

Current Text: Amended: 5/19/2022 html pdf
Last Amend: 5/19/2022
Status: 6/2/2022-Referred to Com. on PUB. S.

Location: 6/2/2022-A. PUB. S.

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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the California Law Enforcement Telecommunications System (CLETS) to make specified criminal justice databases, including individual criminal histories, wanted and missing persons, and stolen firearms, vehicles, and property, available to participating law enforcement agencies. Current law prohibits unauthorized access to CLETS and the unlawful use of CLETS information by authorized users. Existing law authorizes the Attorney General to adopt policies, procedures, and practices related to the use of CLETS. These rules require a participating agency to restrict access to CLETS and define “access” as the ability to see or hear any information obtained from CLETS. This bill would require a law enforcement agency, including the California Highway Patrol, municipal police departments, county sheriff’s departments, specified local law enforcement agencies, and specified university and college police departments, to, by no later than January 1, 2024, ensure public access to the radio communications of that agency, as specified.

SB 1087 (Gonzalez D) Vehicles: catalytic converters.

Current Text: Amended: 5/19/2022 html pdf
Last Amend: 5/19/2022
Status: 6/2/2022-Referred to Coms. on B. & P. and PUB. S.

Location: 6/2/2022-A. B.&P.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit any person from purchasing a used catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. A violation of this provision would be an infraction, punishable by a fine, as specified.

AB 661 (Bennett D) Recycling: materials.

Current Text: Amended: 6/16/2022 html pdf
Last Amend: 6/16/2022
Status: 6/16/2022-Read second time and amended. Re-referred to Com. on E.Q.

Location: 6/14/2022-S. E.Q.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: would require a state agency, if fitness and quality are equal, to purchase recycled products instead of nonrecycled products whenever recycled products are available at no more than 10% greater total cost than nonrecycled products. The bill would substantially revise product categories. The bill would require the Department of Resources Recycling and Recovery, in consultation with the Department of General Services (DGS), to update a list of products and minimum recycled content percentages, as determined to be appropriate, commencing January 1, 2026, and every 3 years thereafter. The bill would require the Department of Resources Recycling and Recovery and the DGS to incorporate the updated list of products and minimum recycled content requirements into the State Contracting Manual, the Financial Information System for California, and the financial system of any department not utilizing the Financial Information System for California. The bill would require the Department of Resources Recycling and Recovery to maintain an internet website with current SABRC products and minimum recycled content requirements. The bill would establish product categories and minimum content and recyclability requirements, effective January 1, 2023, until updated by the Department of Resources Recycling and Recovery.

AB 1445 (Levine D) Planning and zoning: regional housing need allocation: climate change impacts.

Current Text: Amended: 6/6/2022 html pdf
Last Amend: 6/6/2022
Status: 6/13/2022-In committee: Referred to suspense file.

Location: 6/13/2022-S. APPR. SUSPENSE FILE
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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region.

Current law requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Current law requires that the final regional housing plan adopted by a council of governments, or a delegate subregion, as applicable, be based on a methodology that includes specified factors, and similarly requires that the department take into consideration specified factors in distributing regional housing need, as provided.

Commencing January 1, 2025, this bill would require that a council of governments, a delegate subregion, or the department, as applicable, additionally consider among these factors emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change.

Sustainability and Environmental Protection LAP

AB 1985 (Rivas, Robert D) Organic waste: recovered organic waste product procurement targets: list of available products.

Current Text: Amended: 6/13/2022 html pdf
Last Amend: 6/13/2022
Status: 6/13/2022-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

Location: 6/8/2022-S. E.Q.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires methane emissions reduction goals to include a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. Current law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations to achieve these organic waste reduction goals that include, among other things, requirements intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025 and that may include penalties to be imposed by the department for noncompliance, as provided. The department‘s regulations provide for, among other things, the calculation by the department of recovered organic waste product procurement targets for each local jurisdiction. This bill would require the department’s regulations to allow a local jurisdiction to procure a product made from California, landfill-diverted recovered organic waste, as provided, to comply with these recovered organic waste product procurement target requirements. The bill would allow a local jurisdiction, in procuring recovered organic waste products, to utilize California-derived recovered organic waste that is processed outside of the state.

AB 2247 (Bloom D) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product components: publicly accessible reporting platform.

Current Text: Amended: 5/19/2022 html pdf
Last Amend: 5/19/2022
Status: 6/8/2022-Referred to Com. on E.Q.

Location: 6/8/2022-S. E.Q.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require, as part of the hazardous waste control laws, the Department of Toxic Substances Control to work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2025, a publicly accessible reporting platform to collect information about perfluoroalkyl and polyfluoroalkyl substances (PFAS) and products or product components containing intentionally added PFAS, as defined, being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state. The bill would require, on or before July 1, 2025, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing intentionally added PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing intentionally added PFAS, and specified other information, on the publicly accessible reporting platform.

SB 38 (Wieckowski D) Beverage containers.

Current Text: Amended: 6/20/2022 html pdf
Last Amend: 6/20/2022
Status: 6/20/2022-From committee with author's amendments. Read second time and amended. Re- referred to Com. on NAT. RES.

Location: 7/14/2021-A. NAT. RES.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Beverage Container Recycling and Litter Reduction Act requires every beverage container sold or offered for sale in this state to have a minimum refund value. Under the act, the Department of Resources Recycling and Recovery is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer, and requires a processor to pay a certified recycling center or other program the refund value, a percentage of the refund value for administrative costs, and the processing payment. The act provides that a violation of the act or a regulation adopted pursuant to the act is a crime. This bill would require a processor to make those payments by check or electronic fund transfer, and not by cash payment.

SB 45 (Portantino D) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance.

Current Text: Amended: 1/3/2022 html pdf
Last Amend: 1/3/2022
Status: 6/8/2022-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 6). Re-referred to Com. on APPR.

Location: 6/6/2022-A. APPR.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations to achieve the organic waste reduction goals established by the state board for 2020 and 2025, as provided. Current law requires the department, no later than July 1, 2020, and in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving these organic waste reduction goals. This bill would require the department, in consultation with the state board, to provide assistance to local jurisdictions, including, but not limited to, any funding appropriated by the Legislature in the annual Budget Act, for purposes of assisting local agencies to comply with these provisions, including any regulations adopted by the department.

SB 54 (Allen D) Solid waste: reporting, packaging, and food service ware.

Current Text: Amended: 6/16/2022 html pdf
Last Amend: 6/16/2022
Status: 6/16/2022-From committee with author's amendments. Read second time and amended. Re- referred to Com. on NAT. RES.

Location: 5/5/2022-A. NAT. RES.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Integrated Waste Management Act of 1989 requires disposal facility operators to submit information to the Department of Resources Recycling and Recovery on the disposal tonnages that are disposed of at the disposal facility, and requires solid waste handlers and transfer station operators to provide information to disposal facility operators for purposes of that requirement. The act requires recycling and composting operations and facilities to submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities or specified entities. This bill would provide that these reporting requirements do not apply to materials that are used by facilities defined as end users pursuant to the regulations adopted by the department or that are otherwise exempt pursuant to those regulations. The bill would also clarify that recycling is not limited to the processing of materials that would otherwise become solid waste, but also includes processes applied to nonhazardous materials that have value principally as a feedstock for that processing, regardless of whether the materials have been discarded or constitute solid waste.

SB 833 (Dodd D) Community Energy Resilience Act of 2022.

Current Text: Amended: 3/21/2022 html pdf
Last Amend: 3/21/2022
Status: 6/15/2022-June 22 hearing postponed by committee.

Location: 6/2/2022-A. U. & E.

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Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law assigns the State Energy Resources Conservation and Development Commission various duties, including applying for and accepting grants, contributions, and appropriations, and awarding grants consistent with the goals and objectives of a program or activity the commission is authorized to implement or administer. This bill, the Community Energy Resilience Act of 2022, would require the commission to develop and implement a grant program for local governments to develop community energy resilience plans that help achieve energy resilience objectives and state clean energy and air quality goals.

AB 1909 (Friedman D) Vehicles: bicycle omnibus bill.

Current Text: Amended: 3/21/2022 html pdf
Last Amend: 3/21/2022
Status: 6/15/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 1.) (June 14). Re-referred to Com. on APPR.

Location: 6/15/2022-S. APPR.

Transportation Issues LAP

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prohibits the operation of a motorized bicycle or a class 3 electric bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail, as specified.

Current law authorizes a local authority to additionally prohibit the operation of class 1 and class 2 electric bicycles on these facilities. This bill would remove the prohibition of class 3 electric bicycles on these facilities and would instead authorize a local authority to prohibit the operation of any electric bicycle or any class of electric bicycle on an equestrian trail, or hiking or recreational trail.

AB 2181 (Berman D) Santa Clara Valley Transportation Authority: board of directors.

Current Text: Amended: 5/2/2022 html pdf
Last Amend: 5/2/2022
Status: 6/1/2022-Referred to Com. on TRANS.

Location: 6/1/2022-S. TRANS.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law creates the Santa Clara Valley Transportation Authority (VTA) with various powers and duties relative to transportation projects and services and the operation of public transit in the County of Santa Clara. Current law vests the government of the VTA in a 12-member board of directors, which consists of 2 representatives of the County of Santa Clara who are members of, and appointed by, the county’s board of supervisors, 5 representatives of the City of San Jose who are city council members or the mayor and appointed by the city council, and 5 representatives of the other cities in the county who are city council members or mayors of those cities as provided by agreements among those cities, whose terms of office are 2 years, as specified. This bill, on and after July 1, 2023, would revise the membership of the board of directors to instead consist of 2 representatives of the county who are community members and appointed by the president of the board of supervisors with board of supervisors approval, 5 representatives of the City of San Jose, including at least 2 city council members or the mayor and 2 community members, appointed by the mayor with city council approval, and 5 representatives of the other cities in the county, including at least 2 community members and 2 city council members or mayors of those cities, elected through a ranked choice voting process by the city councils of those cities, as specified.

AB 2237 (Friedman D) Transportation planning: regional transportation improvement plan: sustainable communities strategies: alternative planning strategy: state transportation funding.

Current Text: Amended: 6/13/2022 html pdf
Last Amend: 6/13/2022
Status: 6/16/2022-Re-referred to Com. on TRANS.

Location: 6/16/2022-S. TRANS.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires each regional transportation planning agency or county transportation commission to biennially adopt and submit to the California Transportation Commission and the Department of Transportation a 5-year regional transportation improvement program that includes, among other things, regional transportation improvement projects and programs proposed to be funded, in whole or in part, in the state transportation improvement program. This bill would require that those projects and programs included in each regional transportation improvement program also be consistent with the most recently prepared sustainable communities strategy of the regional transportation planning agency or county transportation commission, or, if applicable, the alternative planning strategy, and state and federal air quality standards. The bill would prohibit funds collected from any local transportation tax measure passed on or after January 1, 2023, from being spent until the transportation projects or programs to be funded by the tax measure are included in the most recently adopted sustainable communities strategy of the applicable regional transportation planning agency or county transportation commission or, if applicable, the alternative planning strategy.

AB 2438 (Friedman D) Transportation funding: guidelines and plans.

Location: 6/8/2022-S. TRANS.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law provides for the funding of projects on the state highway system and other transportation improvements, including under the interregional transportation improvement program, the state highway operation and protection program, the Solutions for Congested Corridors Program,

the Trade Corridor Enhancement Program, and the program within the Road Maintenance and Rehabilitation Program commonly known as the Local Partnership Program. This bill would require, no later than January 1, 2024, the guidelines or plans applicable to those programs to include the strategies established in the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency.

AB 2953 (Salas D) Department of Transportation and local agencies: streets and highways: recycled materials.

Current Text: Amended: 3/17/2022 html pdf
Last Amend: 3/17/2022
Status: 6/15/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (June 14). Re-referred to Com. on APPR.

Location: 6/15/2022-S. APPR.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. The bill would require, beginning January 1, 2024, a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, as specified. The bill would exempt cities and counties whose revenues do not exceed specified thresholds from these requirements. By increasing the duties of local agencies, this bill would impose a state-mandated local program.

SB 917 (Becker D) Seamless Transit Transformation Act.

Current Text: Amended: 6/20/2022 html pdf
Last Amend: 6/20/2022
Status: 6/20/2022-From committee with author's amendments. Read second time and amended. Re- referred to Com. on TRANS.

Location: 5/27/2022-A. TRANS.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law creates the Metropolitan Transportation Commission, as a local area planning agency and not as a part of the executive branch of the state government, to provide comprehensive regional transportation planning for the region comprised of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma.

This bill would require the commission to develop and adopt a Connected Network Plan, develop a comprehensive, standardized regional transit mapping and wayfinding system, develop an implementation and maintenance strategy and funding plan, and establish open data standards, as specified. The bill would require the region’s transit agencies, as defined, to comply with those established regional transit mapping and wayfinding system, implementation and maintenance strategy and funding plan, and open data standards, as provided.

SB 922 (Wiener D) California Environmental Quality Act: exemptions: transportation-related projects.

Current Text: Amended: 5/11/2022 html pdf
Last Amend: 5/11/2022
Status: 6/14/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 13). Re-referred to Com. on APPR.

Location: 6/13/2022-A. APPR.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Environmental Quality Act (CEQA) until January 1, 2030, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions. This bill would delete the requirement that the bicycle transportation plan is for an urbanized area. The bill would extend the exemption to an active transportation plan or pedestrian plan. The bill would define “active transportation plan” and “pedestrian plan.” The bill would specify that individual projects that are a part of an active transportation plan or pedestrian plan remain subject to the requirements of CEQA unless those projects are exempt by another provision of law.

SB 932 (Portantino D) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans.

Current Text: Amended: 6/20/2022 html pdf
Last Amend: 6/20/2022
Status: 6/20/2022-Read second time and amended. Re-referred to Com. on TRANS.

Location: 6/16/2022-A. TRANS.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law states the Legislature’s intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency. This bill would emphasize the intent of the Legislature to fight climate change with these provisions.

SB 1079 (Portantino D) Vehicles: sound-activated enforcement devices.

Current Text: Amended: 5/23/2022 html pdf
Last Amend: 5/23/2022
Status: 6/2/2022-Referred to Coms. on TRANS. and JUD.

Location: 6/2/2022-A. TRANS.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Current law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards. This bill would authorize 6 unspecified cities to conduct a pilot program, as specified, using sound-activated enforcement devices, as defined, to capture vehicle noise levels that exceed the legal limits described above.

SB 1407 (Becker D) California Employee Ownership Act.

Current Text: Amended: 6/14/2022 html pdf
Last Amend: 6/14/2022
Status: 6/14/2022-From committee with author's amendments. Read second time and amended. Re- referred to Com. on J.,E.D., & E.

Location: 6/2/2022-A. J., E.D. & E.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, upon appropriation by the Legislature, establish the California Employee Ownership Act within the Office of Small Business Advocate, administered by an Employee Ownership Program Manager, to assist small businesses in transitioning to employee ownership. The bill would establish, upon appropriation by the Legislature, an Employee Ownership Education and Outreach Grant Program, administered by the manager, for the purpose of funding education and outreach programs that increase awareness and understanding of employee ownership transitions, as defined. grants would be awarded to no more than 5 qualified nonprofit organizations, as described, for purposes of performing qualified education and outreach services, as specified. The bill would require exactly one grant to be awarded to a qualified nonprofit organization for the purpose of developing a statewide coordinated marketing campaign related to transitions of businesses to employee ownership models.

Total Measures: 56
Council Pillar: Promote and Enhance Economic, Housing and Transportation Development City Manager’s Office
2022 Q1 and Q2 Legislative Action Summary
Below is a summary of the actions that were taken during 2022 Q1 and Q2 as they align with the City of Santa Clara’s 2022 Legislative Advocacy Positions (LAPs), guiding principles for legislative advocacy, approved City policies (e.g. City Council Goals and Priorities), or Council action. The letters and bill analysis are attached to this document.

City
Council Action
• January 25, 2022 Support letter to Santa Clara County Board of Supervisors RE:

Amah Mutsun Tribal Band’s efforts to preserve Sargent Ranch/Juristac as open space (Council approved support for this effort at the December 7, 2021 meeting) • March 11, 2022 Support letter to Chair Cecilia Aguiar-Curry, Assembly Local Government Committee RE: AB 1944 - Local Government: open and public meetings (Council approved support for AB 1944 at the March 8, 2022 meeting) • Support for AB 1944 Floor Alert (pending copy from Assembly Member Alex Lee’s Office)
City Council Pillar: Promote and Enhance Economic, Housing and Transportation Development
• March 17, 2022 Support letter to Chair Richard Roth, Senate Business, Professions, and Economic Development Committee RE: SB 1407 - The Expanding Employee Ownership Act
Legislative Advocacy Principle: Protect and/or increase funding for specific programs and services.
• February
18, 2022 Support letter to Assembly Member Alex Lee and Senator Bob Wieckowski RE: City funding requests
• March 30, 2022 Support letter to Senator Dianne Feinstein, Senator Alex Padilla, and Congressman R
o Khanna RE: City funding requests
• April 26, 2022 Support Letter to Congressman Khanna RE: City’s Funding Request
for Anna Drive Neighborhood Flood Protection Project
Leg
islative Advocacy Principle: “Protect local revenue sources and prevent unfunded mandates.
• June 1, 2022 Oppose letter to Chair Phil Ting, Assembly Budget Committee and Chair Nancy Skinner, Senate Budget Committee RE: Excess Education Revenue Augmentation Fund (ERAF) Trailer Bill Language
City of
Santa Clara
The Center of What's Possible

COVID-19 Legislation LAP
• March 25, 2022 Support letter to Assembly Member Timothy Grayson RE: AB 2179 - Extending State Eviction Protections
• March 25, 2022 Support letter to Senator Buffy Wicks RE: AB 2179 - Extending State Eviction Protections

Transportation Issues LAP
• April 1, 2022 Support letter to California Congressional Delegation RE: Capitol Corridor Joint Powers Authority’s Federal Earmark Request for Agnew Siding Track Infrastructure Project, Silicon Valley
• April 13, 2022 Joint support letter to Caltrain Delegation RE: Caltrain Electrification Funding
• May 10, 2022 Support letter to Pro Tem Toni Atkins and Speaker Anthony Rendon RE: $4.2B Bond Appropriation for California High-Speed Rail • June 9, 2022 Oppose unless amended letter to Assembly Member Marc Berman RE: AB 2181 – Santa Clara Valley Transportation Authority

Water Supply and Conservation LAP
• April 1, 2022 Support letter to Chair Patrick Leahy and Vice Chair Richard Shelby, Senate Committee on Appropriations RE: Congressionally Directed Spending Request for South San Francisco Bay Shoreline Project (Phase 1) – Reaches 4/5 Levee Construction
• April 5, 2022 Joint support letter to Chair Patrick Leahy and Vice Chair Richard Shelby, Senate Committee on Appropriations RE: Congressionally Directed Spending Request for South San Francisco Bay Shoreline Project (Phase 1) – Reaches 4/5 Levee Construction
• June 15, 2022 Joint support letter to Director Shalanda Young, Office of Management and Budget and Assistant Secretary Michael Connor, Army for Civil Works RE: South San Francisco Bay Shoreline Phase 1 Project

Multiple Legislative Priorities
• June 23, 2022 Bill analysis for June 23, 2022 Cities Association Legislative Action Committee Meeting
City of
Santa Clara
The Center of What's Possible
January 25, 2022
Santa Clara County Board of Supervisors
70 West Hedding Street
East Wing , 10th Floor
SanJose, CA 95110
Dear Santa Clara County Board of Supervisors:

Mayor
Lisa M. Gillmor
Council members
Kathy Wat anabe, Distri ct 1
Raj Chahal, Distri ct 2
Karen Hardy, Distri ct 3
Kevin Park, District 4
Sud s J ain, District 5
Anthony J . Becker, Distri ct 6
On behalf of the City of Santa Clara, I am writing in support of the Amah Mutsun Tribal Band to preserve Sargent Ranch/Juristac as open space, which will allow this area of exceptional regional significance and habitat value to continue to bring benefit the City of Santa Clara as well as the region as a whole.

As the Sargent Ranch area is identified in the Santa Clara Valley Habitat Conservation Plan, and other regional habitat connectivity studies, as a critically important wildlife corridor linking the Santa Cruz Mountains, Gabilan Mountains, and Diablo Range; the City of Santa Clara's 2010-2035 General Plan names the Santa Clara Valley Habitat Conservation Plan as part of the City's vision of regional land use and transportation planning and coordination . It is the goal of the City of Santa Clara, as outlined in the 2010 -2035 General Plan, to protect and preserve cultural resour ces, as well as archaeological sites.

As the City of Santa Clara is located within the ancestral lands of Tamyen -speaking Oh lone peoples, whose descendants today belong to the Muwekma Ohlone Tribe, Amah Mutsun Tribal Band, and other tribal nations , Juristac is the location of historic ceremonial and sacred sites of the Amah Mutsun Tribal Band. This land is of paramount cultural and spiritual importance to them.

Therefore, the City of Santa Clara supports the efforts of the Amah Mutsun Tribal Band to preserve Sargent Ranch/Juristac as open space in perpetuity and to regain access to their cultural and spiritual sites at Juristic. For these reasons, the City Council of the City of Santa Clara urges the County of Santa Clara to deny approval of the permits for the proposed Sargent Quarry Project.

LisaM . G~ ~
Mayor
City of Santa Clara
Mayor and Coun cil Offices • 1500 Warbur ton Avenue • Santa Clara, CA 95050 • Phon e ( 408) 615-225 0 • Fax ( 408) 241-6771 • www.santaclaraca.go v

1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● www.SantaClaraCA.gov Mayor
Lisa M. Gillmor

Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6

March 11, 2022

The Honorable Cecilia Aguiar-Curry
Chair, Assembly Local Government Committee
Capitol 10th and O St Offices, Suite 6350
Sacramento, California 95814

Re: AB 1944 (Lee) Local government: open and public meetings.

City of Santa Clara – Notice of Support

Dear Assembly Member Aguiar-Curry,

On behalf of the City of Santa Clara, I write in support of AB 1944 (Lee), which allows members of a local legislative body, upon majority vote, to waive the Brown Act requirements of publishing their private address on the meeting agenda and making addresses open to members of the public. The bill also requires a remote participation option for members of the public to address the body, only during meetings when the legislative body elects to use teleconferencing.

Like most local agencies during the COVID-19 pandemic, the City of Santa Clara greatly benefited from the Brown Act flexibility allowances instated by Governor Newsom’s executive orders, and subsequent legislation enacted by AB 361 (R. Rivas, Statutes of 2021). These standards not only provided for the health and safety of the public and members of the legislative body, but also greatly increased public participation in council meetings. However, even with existing legislation, the protections are only in place during a declared state of emergency. In addition, if there is no majority vote every 30 days, members who choose to teleconference are required to make private addresses publicly known and accessible.

AB 1944 builds off of last year’s efforts by providing additional protections and flexibility to local agencies, whether there exists a state of emergency or not. AB 1944 aims to provide local agencies, and individual elected officials, a level of privacy by not requiring the disclo sure of the address of the remote participation location is a location that is not open to the public. The measure balances privacy with public access by requiring local agencies who have members that elect to participate remotely to also provide teleconferencing options for public participation, as well as video streaming of the meeting.

For these reasons, the City of Santa Clara supports AB 1944 (Lee).

Sincerely,

Lisa M. Gillmor
Mayor
City of Santa Clara

cc: Assembly Member Alex Lee
Senator Bob Wieckowski
- · of - City Clara
Sa nt~hat> Pos9ibl, The Cente:r o
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• • • • • • • • • • •

1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● www.SantaClaraCA.gov Mayor
Lisa M. Gillmor

Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6

March 17, 2022

The Honorable Richard Roth
Chair, Senate Business, Professions, and Economic Development Committee 1021 O St., Ste. 3320
Sacramento, CA 95814

RE: Support SB 1407 (Becker) – The Expanding Employee Ownership Act

Dear Senator Roth,

I am writing on behalf of the City of Santa Clara in support of Senate Bill 1407 (Becker) that will preserve California small business, bolster California workers, and create an overall more equitable economy by increasing awareness of and pathways to employee ownership.

SB 1407 will establish a dedicated hub within the Governor’s Office of Business and Economic Development (GO -Biz) that will help educate stakeholders, assist business owners and workers in navigating available resources, provide funding for technical assistance, and streamline and reduce barriers to the existing business transition process. These measures are critical to both increasing awareness of worker ownership and decreasing barriers to the model.

Employee ownership, in the forms o f worker cooperatives (co -ops) and Employee Stock Ownership Plans (ESOPs), are proven to benefit businesses, workers, and local economies. Worker -owned firms see stronger overall business performance and resilience during economic downturns. Workers at the se firms see greater wealth -building opportunities and increased job security compared to their counterparts at traditional businesses. Both evidence and experience suggest that employee ownership is a particularly powerful wealth -building opportunity for workers and communities of color; providing additional pathways for workers of color to become employee owners is an essential component of any strategy to address the racial wealth gap.

The City of Santa Clara recognizes the benefits of employee ownershi p, and in March 2020, adopted a Resolution in Support of Worker Cooperatives. The City also implemented a Worker Cooperative Initiative to support business owners and their workers to transition to employee ownership as a succession option. The resources d escribed in SB 1407 will support Santa Clara businesses, as well as businesses across the state.

Prior to the pandemic, California small businesses faced mounting pressures from an impending wave of retirement amongst business owners. A majority of busine ss owners do not have a formal succession plan, and most owners who try to sell their businesses cannot find a buyer. These challenges have been compounded by the economic impacts of the COVID-19 pandemic, which has brought mass business closures. This dual crisis requires immediate and bold action.

As California continues to recover from the economic impact of the pandemic it has the opportunity to not only rebuild workplaces, but choose to invest in models that provide proven benefits to businesses, wor kers, and the community.

For these reasons, the City of Santa Clara supports SB 1407 (Becker) and respectfully requests your “Aye” vote.

Sincerely,

Lisa M. Gillmor
Mayor
City of Santa Clara
•••••••••
City of
Santa Clara
The Center of What 's Possible
February 18, 2022
The Honorable Bob Wieckowski The Honorable Alex Lee
Mayor
Lisa M. Gillmor
Councilmembers
Anthony J. Becker
Raj Chahal
Karen Hardy
Suds Jain
Kevin Park
Kathy Watanabe
California State Senator , 10th Senate District
10th and O Offices, Suite 6530
Assembly Member , 25th District
Sacramento, CA 95814
Re: City of Santa Clara 2022 State Budget Request Letter Dear Senator Wieckowski and Assembly Member Lee:
10th and O Offices, Suite 6330
Sacramento, CA 95814
I am writing , on behalf of the City of Santa Clara , to express our appreciation for your representation of the City of Santa Clara , as well as the other residents of your districts . Your support for city priorities and projects initiatives is greatly appreciated and has helped improve the lives of our residents , as well as those who work and visit our community .

Like many other local public agencies in California , the City is quite interested in the upcoming FY 2022-23 state budget , and the opportunities that it may provide . The Governor's January Budget proposal contains numerous items that may serve as an opportunity for the city to compete for funding for key recreation, public safety, and transportation related projects.

As the Legislature undertakes its process of evaluating the Governor 's budget proposals , and incorporating legislative priorities, we wanted to provide you with information on four priority projects for the City of Santa Clara . The City would be interested in working with your offices to see if there is an opportunity for direct funding for these projects as part of the 2022 state budget process . The City's specific requests would be funding for the following projects :

1. Project Name: Magical Bridge All-Inclusive Playground in Central Park Amount Requested: $825,000
Project Description: This project would allow for the construction of a one-acre All-Inclusive Playground in Santa Clara's Central Park, ADA Renovation of the Arbor Area restroom and installation of shade structures in the Arbor Center group picnic area. Central Park serves thousands of residents of Santa Clara, and neighboring communities , of all ages and abilities annually since 1965. The Arbor Center Playground, Restroom building, and Arbor Center Picnic Area have been prioritized for rehabilitation and received initial funding from the City and Santa Clara County, as well as funds raised by the community. Funding from the state budget would allow the City to move forward with this project.

2. Project Name: Regional Public Safety Interoperable Radio Communications Amount Requested: $4,000,000
Project Description: The City of Santa Clara operates on a regional P25 digital radio system, managed by the Silicon Valley Regional Interoperability Authority (SVRIA) , for all emergency and non-essential communication. SVRIA member agencies include the cities of Campbell, Cupertino , Gilroy , Milpitas, Mountain View, Palo Alto, San Jose, Sunnyvale , the County of Santa Clara , Valley Transportation Author ity, San Jose State University , among other entities.

This system allows public safety entities throughout the region interoperability in situations where a multi-jurisdictional response is necessary, such as severe storm, flooding , wildfire, earthquake, active shooter , mutual aid situations , etc. This two-way radio infrastructure is also 1 critical in managing large-scale events at Levi's Stadium as local, state and federal law enforcement is necessary to carry out each event.

Santa Clara's portable and mobile radios needed to talk on this system is nearing the end of its useful life. The Police and Fire Departments will have the greatest operational need for the new equipment. The anticipated one-time costs for replacement of public safety (police and fire) portables, mobiles, and consoles are estimated to be approximately $4 million.

3. Project Name: Flood and Storm Drain Protection and Resiliency Amount Requested: $4,500,000
Project Description: Santa Clara has significant flood and storm drain facilities throughout the City (195 miles of storm pipe, 22 pump/lift stations, 2 retention basins, 618 trash capture devices) built mostly by private development in the 1970's and 1980's. This aging storm drain infrastructure requires significant investment to rehabilitate and reconstruct essential stormwater facilities to provide sustainable and resilient flood and storm water management. This funding will provide critical flood and storm drain protection for the City's residents and businesses by allowing the City to undertake significant efforts such as Storm Water Retention Basin Remediation, Storm Drain Slide Gate Rehabilitation, Storm Drain Pump Station Outfall Reconstruction , and other system wide improvements .

4. Project Name: Great America Parkway Congestion Relief and Multimodal Improvements Amount Requested: $4,900,000
Project Description: This funding would allow the City to improve one of the major intersections in North Santa Clara by adding vehicle lanes, bicycle lanes, and upgrade traffic signals. The project has nearly completed the engineering design phase, but will not be able to proceed to construction due to a funding shortfall. The Great America Parkway intersection connects the US-101 and State Route 237 freeways to key destinations in the heart of Silicon Valley, including Levi's Stadium (1.1 million visitors in 2019), the Santa Clara Convention Center (318,000 visitors in 2019), Great America Amusement Park (1.5 million visitors in 2019), Mission Community College (serves over 10,000 students) , Mercado Shopping Center (over 200,000 square feet of retail), as well as the headquarters of major companies like Intel, Advanced Micro Devices, Applied Materials, Marvell Technology , and Chegg. In addition to serving these destinations, the City is working on Long Range Plans to add over 20,000 housing units, 12 million square feet of office space, and 2 million square feet of retail in the area that is served by this intersection. This project will allow the City to handle the current and growing number of residents and visitors that utilize this intersection, as well as make the necessary improvements to allow for the safe operation of non-vehicular users in this area.

Again, I want to thank you for your dedicated service on behalf of the City, our residents, and the surrounding community. I look forward to partnering with you and your offices on the possibility of securing state budget funding this year for these priority projects. Please do not hesitate to contact me if you have questions, or need additional information, about any of the above projects. 2 1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● www.SantaClaraCA.gov Mayor
Lisa M. Gillmor

Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6

March 30, 2022

The Honorable Alex Padilla The Honorable Dianne Feinstein United States Senate United States Senate
112 Hart Senate Office Building 331 Hart Senate Office Building Washington, DC 20510 Washington, DC 20510

The Honorable Ro Khanna
United State House of Representatives
306 Cannon House Office Building
Washington, DC 20515

Re: Support for the City of Santa Clara Fiscal Year 2023 Appropriations Request

Dear Senator Padilla, Senator Feinstein, and Congressman Khanna:

I am writing to express my strong support for the City of Santa Clara’s four community project requests for which we are seeking funding: Regional Public Safety Interoperable Radio Communica tions, Great America Parkway Congestion Relief and Multimodal Improvement s, Fire Station Microgrid project, and the Anna Drive Neighborhood Flood Protection project.

The City of Santa Clara is requesting funding for these four projects as they will enhanc e regional public safety response, improve mobility, increase climate resiliency, and provide flood protection benefits.

• Regional Public Safety Interoperable Radio Communications – The Santa Clara Police and Fire Departments respond to the daily needs of our community, and routinely prepare to respond to critical incidents in our City and region. In 2021, the Communications Center received 155,775 emergency and non -emergency calls fo r service. Of those, 61,421 were police calls for service, 15,050 were police self -initiated calls for service and 11,996 were fire calls for service. The portable and mobile radios that support these police, fire and medical emergencies are nearing the end of their useful life. The next generation of interoperable radio system would allow Santa Clara and other Silicon Valley Regional Interoperability Authority (SVRIA) member agencies continued compatibility throughout the region on one centralized radio system in situations where a multi-jurisdictional and/or mutual aid response is necessary.

• Great America Parkway Congestion Relief and Multimodal Improvements – The project will widen roadways, install additional travel lanes, modify traffic signals, install buffered bicycle lanes, and reconstruct pavement at the Great America Parkway and Mission College Blvd intersection. The project was approved by the Santa Clara City Council in 20 18 to reduce traffic congestion anticipated by future development of over 20,000 housing units, 12 million sq ft of office, and 2 million sq ft of retail in the area that have been approved by the City. Over the next 20 years the City of
Santa Clara
The Cente:r ofWhat11 Possible
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Senator Padilla, Senator Feinstein, and Congressman Khanna Support for the City of Santa Clara Fiscal Year 2023 Appropriations Request March 30, 2022

Page 2 of 2 ends

City Council and Authorities ConcurrentJuly 5, 2022

City Council and Authorities Concurrent
July 5, 2022